2005 Supreme(P&H) 319

PUNJAB & HARYANA HIGH COURT
Kiran Anand Lall, J.
Harbansh
Versus
State Of Haryana
Criminal Miscellaneous No. 59626 of 2004,
Decided On : FEBRUARY 28, 2005

The quantity of the substance in question is a crucial factor in determining the severity of the offense and the eligibility for bail.

Headnote:

Smack - Bail - The court allowed bail to the petitioner as the quantity of Smack alleged to have been recovered did not fall within the category of commercial quantity.

Fact of the Case:

The petitioner was in judicial custody and a challan had been filed in court regarding the alleged possession of Smack, which did not fall within the category of commercial quantity.

Finding of the Court:

The court allowed bail to the petitioner to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate.

Issues:

Ratio Decidendi: The quantity of Smack recovered did not fall within the category of commercial quantity, leading to the court's decision to allow bail.

Final Decision: Bail was allowed to the petitioner to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate.