MILAP CHANDRA JAIN, J. - (1.) THIS is the third application under Section 439, Cr. P. C. in FIR No. 14/93 dated 9. 1. 1993 under Section 18 read with Section 8, Narcotic Drugs and Psychotropic Substances Act, 1985. The first bail application No. 174/93 was dismissed as withdrawn on 2. 2. 1991. The second bail application No. 462/93 was allowed on 22. 4. 1993 and the accused petitioner was released on parole for 15 days to attend the marriage of his niece.
(2.) THE prosecution case is that in the search of the person of the accused petitioner on 9. 1. 1993, "160 gms. of Doda Post (Popy husk)" was recovered A case was registered against him and he was arrested. Learned counsel for the petitioner submits that the accused petitioner was carrying the 'doda Post' for the consumption of his old ailing father and quantity recovered is very small. He further submitted that in Nanak Singh vs. State of Rajasthan (1), Zakir Hussain v. State of Rajasthan (2) Amar Chand vs. State of Rajasthan (3), Banshilal vs. State of Rajasthan (4), Shanker Lal vs. State of Rajasthan (5), Babulal v. State of Rajasthan (6), Kailash Chandra v. State of Rajasthan (7), and Mot. Lal v. State of Rajasthan (8), and the case referred therein a large quantity of opium popy husk were recovered and the accused No. 305/1993 Gurdeep Singh vs. State of Rajasthan (10), 8 kgs. and 3. 500 Kgms. of Chura of post were recovered and the accused were granted bail. He lastly submits that the accused is in custody since January 9 1993 and trial of the case will take substantially long time. The learned Public Prosecutor opposes the bail application. The prosecution case is that 160 gms. of opium popy husk was recovered and the accused petitioner is in custody since 9. 1. 1993 In the aforesaid cases relied upon by the learned counsel for the accused-petitioner much larger quantity of opium and opium popy husk were recovered and the accused per-sons were granted bail. As such the accused-petitioner deserves bail Accordingly, the application moved under Section 439 Cr. P. C. by the accused-petitioner Madanlal is allowed. He may be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- and two sureties in the sum of Rs. 25,000/-each to the satisfaction of the learned Additional Session, Judge, Nagaur. . ;