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1992 Supreme(Raj) 991

M.R.CALLA
Deepu @ Devendra Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:S.K. Tiwari, Advocate.
For the State: Mr. M. Kaushik, Addl. P.P.

JUDGMENT

1. - Heard learned counsel for the petitioner as well as the learned Addl. Public Prosecutor and perused the documents on record. Dr. S.K. Tiwari has argued that the present accused petitioner is in jail since 5.11.1992. It is also alleged that 18 Kg. opium poppy husk was recovered from the petitioner. He has cited Zakir Hussain v. State, 1989 Cr.L.R. (Raj.) 771 , in which 6 quintals poppy husk had been recovered and the bail was granted. In this order, an earlier bail order in Sardar Singh & ors. v. State of Rajasthan, S.B. Criminal Misc. Bail Application No. 689/1986 , has also been referred in which 5662 kgs. of opium poppy husk was recovered and bail was granted. Mr. M. Kaushik has pointed out that during the course of investigation the petitioner has divulged that he has been engaged in such activities earlier, although no criminal case under the Narcotic Drugs And Psychotropic Substances Act was registered against him, nor any other case under Narcotic Drugs And Psychotropic Substances Act is pending against the petitioner. The petitioner also undertakes not to repeat the offence in future. In the facts and circumstances of the case, without expressing any opinion




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