N.K.JAIN
SHAFFI MOHAMMED – Appellant
Versus
STATE OF RAJASTHAN – Respondent
( 1 ) THESE three bail applications are under S. 439, Cr. P. C. for grant of bail during the pendency of the trial in respect of offence u/ss. 8/20, 8/20 and 8/18 respectively of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the Act" hereinafter) respectively.
( 2 ) IN Bail Application No. 1182/05 Shaffi mohammed v. State, a FIR No. 715/04 was registered u/s. 8/20 of the Act at Police station Kotwali, Baran as 4 kg. 400 gms. Ganja was recovered from the possession of the accused-petitioner on 21-11-2004. In Bail application No. 1195/05 Mohan Singh v. State, FIR No. 402/04 was registered at Police Station, Sevar (Bharatpur) u/s. 8/20 of the Act as 300 grams Charas was recovered from the possession of the accused-petitioner on 21-11-2004. Similarly, 1 kg. Opium with bag was recovered from accused-Sita Ram on 20-12-2004, therefore, fir No. 185/04 was registered against him for the offence u/s. 8/18 of the Act at Police Station Harnavda Shahji, Distt. Baran.
( 3 ) THE learned counsel for the petitioners submit that Ganja, Charas and Opium recovered in these cases are less than the "commercial quantity" as defined u/s. 2 (viia)of the Act, which means any
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