Raju vs State of Haryana

Rajive Bhalla, J.—The petitioner seeks grant of regular bail in case FIR No. 124, dated 29.3.2006, registered u/s 20 of the NDPS Act, at Police Station Model Town, Panipat.

The petitioner was arrested, while in the possession of 1 kg of charas.

Counsel for the petitioner contends that despite the fact that the quantity of narcotics recovered is non-commercial, the petitioner should be released on bail. It is further contended that the petitioner has been behind bars since 29.3.2006.

I have heard learned counsel for the petitioner and perused the paper book.

There is no such absolute proposition of law that recovery of a non- commercial quantity of narcotics entitles an accused to the grant of bail. The facts of each case, the circumstances that led to the recovery, and the nature of the narcotics, are all factors to be considered, while granting bail to an accused. Though the legislature, in its wisdom, has categorised 1 kg of charas `non-commercial'', this fact, is itself, would not entitle an accused to the grant of bail. The petitioner was arrested, while in possession of 1 kg of charas, a narcotic. No circumstance exists as would warrant the release of the petitioner on bail.

The present petition is, however, disposed with a direction to the trial Court to make every endeavour to expedite the onclusion of the trial, keeping in mind the fact that priority is to be accorded to trials, where accused are behind bars.