- (1.) K. S. Rakhra, J. This is second bail application. The first application was rejected on 23-6-2005.
(2.) THE main ground which is being pressed is that the quantity of Charas alleged to have been recovered i. e. , 1 kg. was not commercial quantity and this Court while passing earlier order dated 23-6-2005 treated the said quantity to be commercial quantity. With regard to commercial quantity, there is special provision under Section 37 of NDPS Act. In support of his contention, learned Counsel for the applicant has drawn attention of this Court to Section 2 (vii) (a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which defines commercial quantity as quantity greater than the quantity specified by the Central Government by the notification in the official gazette. Admittedly, in the official gazette, 1 kg. has been specified and, therefore, upto 1 kg. narcotic or psychotropic substances i. e. , Charas in the present case, cannot be treated as commercial quantity. Learned Counsel for the applicant has further pointed out that the recovery was allegedly made at Railway Station in which no statement of public witness was recorded and that the investigation was done by the officer lower in rank than the office who effected arrest.
(3.) IN view of this submission and also the fact that the applicant is in Jail since last 11 months and no criminal antecedents is reported against the applicant, let the applicant Madan Prasad Srivastava alias Jitendra Singh be released on bail on executing a personal bond and two sureties of Rs. 30,000/-each to the satisfaction of Court, concerned in Crime No. 8/05 under Section 8/21 NDPS Act P. S. G. R. P. Gonda District Gonda. .;