IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.4993/2010 Kallu Vs. State of Rajasthan Date of order : 06/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Jagdish Singh Chaudhary for accused petitioner Mr. G.S.Rathore, Public Prosecutor for the State ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. The contention of the learned counsel for the accused petitioner is that the accusation against the petitioner is that he has committed offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act. He was found to be in possession of 5 Kgms of Poppy Straw. The commercial quantity as has been prescribed in the Act is 50 Kgms, whereas the recovered quantity of the contraband is 5 Kgms. The petitioner was arrested on 23rd April, 2010. Investigation has already been completed and challan has been filed. There is no case ever registered against the petitioner either under the NDPS Act or under any other offence. He under-takes to maintain good conduct and not to indulge in any such offence. On the other hand, learned Public Prosecutor has opposed the bail applications. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Kallu S/O Shri Mool Chand shall be released on bail in F.I.R. No. 31/2010, Police Station, Bhanwargarh, district Baran on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. It is made clear that if the accused petitioner is found to be indulged in commission of any such offence, that itself will be a ground for the Prosecution to apply for cancellation of their bail. (MOHAMMAD RAFIQ), J. thanvi