Shankar Lal vs State

Krishan Kumar, J.—Heard learned counsel for the applicant as well as learned Public Prosecutor.

Learned counsel for the applicant states that the recovered opium is below commercial quantity. The accused is not habitual offender. He further states that the accused will not misuse the bail and not repeat the offence, therefore, bail may be granted. Learned Public Prosecutor opposed this bail application.

Having gone through the relevant provisions of the NDPS Act and all the facts and circumstances of the case, I consider it to be a fit case for grant of bail u/s 439 Cr.P.C.

Accordingly, the application under Sec.439 Cr.P.C. is allowed and it is ordered that the applicant Shankar Lal S/o Heera Lal be enlarged on bail provided he furnishes a personal bond in the sum of Rs.20,000/- with two sureties of Rs. 10,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. The accused will further given an undertaking before the learned trial judge that he will not indulge in such activities in future.