Rahul Kumar Yadav vs State of U.P.

G.P. Srivastava, J.—Heard learned Counsel for the applicant and learned A.G.A.

This is second bail application for bail on behalf of applicant Rahul Kumar Yadav who is involved under Sections 8/22 N.D.P.S. Act for having been found in possession of 800 gms. Diazepam tablets kept in 4 packets.

The first bail application was rejected by this Court vide order dated 2.5.2006 on merit.

Learned Counsel for the applicant has argued the first ground that the applicant is in jail since 26.12.2005 therefore he should be released on bail. He has taken the second ground that the real weight of recovered tablets are 800 gms. but the weight of the contraband diazepam in the tablet form is much less than the real actual weight and after calculation it comes less than commercial quantity.

As regards the first ground is concerned an accused cannot be entitled to bail only because he had spent some period in jail not even the half of the maximum punishment which may attract.

As regards the next ground is concerned it was available during the disposal of the first bail application as well. There is nothing on record to show that the real weight of contraband is less than the commercial quantity.

No ground for second bail application is made out. The application is rejected.