CRLMB3492/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3492/2010 Bhairun Lal and Brij Kishore Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 24.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri C.R. Poonia, Counsel for petitioners Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioners is that 1 kg. 996 gram 'Ganja', which has been recovered at the instance of both petitioners, was inclusive of packaging material. The small quantity thereof as per the schedule appended to the NDPS Act, is 1 kg Whereas the commercial quantity is 20 kg; petitioners were arrested on 6th April, 2010; there is no other criminal case pending against any of the petitioners and that they would undertake not to repeat such offence in future; challan has already been filed; trial of the case is likely to take a long. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioners, namely, (1) Bhairun Lal Son of Ganesh Narain Sharma and (2) Brij Kishore Son of Prabhati Lal Saini on CRLMB3492/2010 // 2 // bail under Section 439 Cr.P.C., in FIR No.47/2010, Police Station Lal Kothi, Jaipur, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioners are found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of their bail before the court below itself . The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//