CRLMB4011/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4011/2010 Harlal and Kishan Lal Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 07.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Jagdish Singh Chauhan, 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 the contraband that has been recovered at the instance of the accused- petitioners is 20 kilogram of poppy husk ('doda- chura') which is far less than the notified commercial quantity of 50 kilogram, and does not attract the offence under Section 8/15 of the N.D.P.S. Act. Learned counsel cited the judgment of this Court in Shaffi Mohammed & Others Vs. State of Rajasthan – 2005 (4) RDD 634 (Raj.), and argued that it has been the trend of the courts to enlarge accused-persons on bail pending the trial but after the challan has been filed. It is contended that there is no other case involving such offence pending against the accused-petitioners. The petitioners were arrested on 29.03.2010 and since then they are in jail. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing CRLMB4011/2010 // 2 // any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioners, namely, (1) Harlal Son of Nanda and (2) Kishan Lal Son of Panna on bail under Section 439 Cr.P.C., in FIR No.25/2010, Police Station Bhanwargarh, District Baran, under Sections 8/15 of the N.D.P.S. Act, 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 similar or any other offence at any point of time in future, the bail granted to them would be liable to be cancelled at the instance of the prosecution. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//