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Subhash Samvatsar, J.
Dilip Kumar Chourasiya v. State of M.P.
Misc. Cri. Case No. 4371 of 2002(G); Decided on 17.1.2003. *
naM izfdz;k lafgrk] 1973& &/kkjk 439&Lokid vks"kf/k vkSj eu%izHkkoh inkFkZ vf/kfu;e ds v/khu vijk/k&vfHkqDr ds dCts esa 535 xzke otu ^pjl* ikbZ xbZ & okf.kfT;d ek=k tks ,d fdyks gS] mlls de& vf/kfu;e dh /kkjk 37 dk otZu ykxw ugha gS & tekur eatwjA
This is second bail application under section 439 of the Code of Criminal Procedure.
The applicant is facing trial in pursuance of crime No. 589/02 for committing offences under section 8 read with section 21 of Narcotic Drugs and Psychotropic Substance Act.
As per the allegations in the case diary, the applicant was found in possession of 535 gms. of 'Charas' .
As per amendment in the Act, the commercial quantity of 'Charas' is 1 kg. Since the applicant was found in possession of 'Charas' , which was less than 1 kg., the bar of section 37 of NDPS Act will not be applicable and the Court has jurisdiction to grant bail.
Shri T.C. Bansal, learned counsel for the applicant, relied on three judgments of this Court in the cases of Latursingh v. State of M.P., reported in 2002(2) MPWN 112; Mahendra Singh v. State of M.P., reported in 2002(2) MPWN 132; and Vearam v. State of M.P., passed in Misc. Cri. Case No. 2904/2002, in which the Court has released the accused on bail, as they were found in possession of substance less than the commerical quantity.
Considering these three judgments, I allow this application and direct that the applicant shall be released on bail, on his furnishing personal bond in the sum of Rs. 50,000/- with one solvent surety of the like amount to the satisfaction of trial Court.
The applicant shall also furnish an undertaking before the said Court that he shall not involve himself in the similar case and shall maintain peace and good relations during the pendency of the trial and he shall not leave the jurisdiction of the trial Court without prior permission of the trial Court.
This application stands disposed of. Certified copy as per rules.
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