N.K.JAIN, J. - (1.) LEARNED counsel for the petition submits that the petitioner is entitled to be released on bail as he was found only with 18.500 Kgs. off poppy husk. He submits that this Court has granted bail in Zakir Hussain v. State1, where six quintals 56 Kgs. 500 gms 'Post Chura was recovered and Misc. Bail App. No. 2087/922, 'poppy husk' was recovered. He also submits that even where opium and smack was recovered bails have been granted in the cases viz. Banshi Lal v. State3, of smack was recovered, Shankerlal v. State4, where 560 gms of opium was recovered, Narayanlal v. State5, where. 1.940 kgs., opium was recovered, Ramesh Kumar v. State6, where 1.800 kgs. of opium was recovered, Babulal v. State7, where 210 gms. of opium was recovered, Vijendra v. State8, wherein opium was recovered and in Mahipal v. State9, the petitioner was granted bail who was alleged to have been found in possession of 16.300 kgs. opium as the co -accused who had 90.300 kgs. of opium was granted bail on 10.1.1992 in S.B. Cr. Bail Application No. 4252/91. He further submits that the petitioner is in jail for the last four months, so now the petitioner may be released on bail.
(2.) ON the other hand learned Public Prosecutor submits that under the N.D.P.S. Act normally bail should not be granted. He has placed reliance on 1989 Cr. L.J. 1559, wherein bail was refused even when the opium recovered was one Kg. and the accused had remained on interim bail10. He also submits that this Court has also not granted bail even 'post doda' recovered was 160 gms. in Madan Lal v. State11, and ultimately the application was dismissed as withdrawn. I have heard learned counsel for the parties and perused the case diary as well as the case law cited at Bar.
(3.) IN the cases relating to N.D.P.S. Act, after taking into consideration the circumstances of the case this Court is granting bails but granting of bail cannot be a precedent. To my mind if the circumstances do not connect the accused with the recovery, the contraband is recovered in a small quantify which was kept by the accused for his own use, such and other circumstances showing his innocence if satisfies the conscious of the Court according to provisions of amended Section 37 of the N.D.P.S. Act 9 (came into force on 29.5.1989) that there exists a prima -facie case in favour of the petitioner, the Court may grant Bail u/s. 439, Cr. P.C. but each case depends upon the facts of its own. It is not necessary to give detailed order while allowing or rejecting the bail application. I have also granted bail in Manjoo Singh v. State12, where 'Post Chura' recovered was one Kg. and Labhu @ Lal Chand v. State13, where 4 -1/2 Kgs. of 'Post' was recovered, and in Natwar Singh v. State14, after being satisfied with the conditions of Section 37 of the N.D.P.S. Act in view of the decision in Narcotics Control Bureau v. Kishan Lal15.;