Mahendra Singh vs State of M. P. - 2002 Supreme(MP) 726

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
T.C. Bansal for applicant; J.D. Suryavanshi, Govt Advocate for State.

Headnote:(1) Narcotic Drugs and Psychotropic Substances Act, 1985 -- Ss. 8/18 and 37 -- 485 gms. opium seized from possession of accused -quantity being below commercial quantity -- bar under S. 37 not applicable.

        (2) Criminal P.C., 1973 -- S. 439 -- Offence under S. 8/18 of N.D.P.S. Act -- quantity of 485 gms. of opium seized from accused -- quantity being not commercial -- accused entitled to bail.

        ¼1½ Lokid vks"kf/k vkSj eu%izHkkoh inkFkZ vf/kfu;e] 1985 & /kkjk 8@18 rFkk 37 & vfHk;qDr ds dCts ls 48 xzke vQhe vfHkx`ghr & ek=k okf.kfT;d ek=k ls de& vf/kfu;e dh /kkjk 37 ds v/khu otZu ykxw ughaA

        ¼2½ naM izfdz;k lafgrk] 1973 & /kkjk 439 & Lokid vks"kf/k vkSj eu%izHkkoh inkFkZ vf/kfu;e dh /kkjk 8@18 ds v/khu vijk/k & 485 xzke vQhe dh ek=k vfHk;qDr ls vfHkx`ghr & ek=k okf.kfT;d ugha & vfHk;qDr tekur dk gdnkj gSA


        It is contended by counsel for applicant that only 485 gm. of opium is seized from applicant. Counsel for applicant submits that it is not commercial quantity after amendment in Narcotic Drugs and Psychotropic Substances Act, 1985 by Amendment Act 2001. Now commercial quantity is 2.5 kg., as such bar of section 37 of the Act is not applicable.

        Considering the facts of the case at this stage without expressing any opinion on the merits of the case it is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties each in the like amount to the satisfaction of trial Court. Applicant shall also furnish an undertaking that he shall not involve himself in any other offence and shall maintain peace and good relations during the trial.
        Applicant shall not leave the jurisdiction of trial Court without permission of trial Court. Applicant shall attend each and every hearing fixed by trial Court.

        Certified copy as per rules.