Full Judgment
Kuldip Chand Sood, J.
1. Petitioner Baldev Singh prays for the grant of ball under Section 439 of the Code of Criminal Procedure.
2. It appears, Baldev Singh along with Surjit Singh and Hardev Singh was arrested on 5th July, 2002 in case FIR No. 130/02 dated 5th July, 2002 registered with Police Station, Sarkaghat, District Mandi, for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act and Sections 181, 184, 187 and 192 of the Motor Vehicles Act.
3. The case of the Investigating Agency is :
Head Constable Ghanshyam Singh as Traffic Incharge, was checking traffic on 5th July, 2002 near 'Kainchi Mour' at Sarkaghat. At about 2.30 pm, a Maruti Car No. PB-11H-0427 came from Mandi side. This car was signalled to stop. The petitioner who was driving the car at the relevant time did not stop and drove the car towards Sarkaghat, Head Constable Ghanshyam Singh chased this car in a Taxi. The car was ultimately overtaken and stopped, The car was occupied by Hardev Singh and Surjit Singh while the petitioner was driving it. From the car one bag containing 1500 grams of 'poppy husk' was recovered. The petitioner could not produce the papers of the vehicle and Investigating Agency has still not been able to find the owner of the vehicle. It is in this background that the case was registered at the instance of Head Constable Ghansyam Singh. Petitioner Baldev Singh is stated to be implicated in serious offences in Punjab.
4. Baldev Singh filed an application for the grant of bail before the learned Sessions Judge at Mandi, which was rejected by the learned Sessions Judge on 20th July, 2002 on the ground that recovery of 'poppy husk' weighing more than 1000 grams would be commercial quantity and therefore, the offence was punishable with imprisonment of not less than ten years and therefore, petitioner was not entitled to bail.
5. According to the learned Sessions Judge, 'the recovery of the charas exceeding 1000 grams comes under commercial quantity and the same is punishable for a term which shall not be less than 10 years but may extend to 20 years and shall also be liable to fine which shall not be less than one lakh which may extend to two lakh rupees.'
6. Learned Sessions Judge failed to notice that it was not the 'charas ' which was recovered from the offending vehicle, but was 'Poppy Husk' and under the Notification of the Government of India 'Poppy Husk' or 'Poppy Straw' weighing 50 kg. or more would only be commercial quantity, 'Poppy Straw' weighing 1000 grams or less would be small quantity. Thus, 'Poppy Straw' recovered from the offending vehicle were less than commercial quantity.
7. Section 15(b) of the Act provides that possession of 'Poppy Straw' less than commercial quantity but greater than small quantity would entail punishment of rigorous imprisonment for a term which may extend to ten years and fine which may extend to one lakh rupees.
8. In the facts and circumstances, the rigours of Section 37 of the Act for the grant of bail would not be applicable.
9. Taking into consideration the entirety of the circumstances, the fact that the applicant is under detention of more than one month, I allow the application and direct that the applicant be released on furnishing bonds in the amount of Rs. two lacs with two sureties of Rupees one lac each to the satisfaction of learned Sessions Judge , Mandi.
10. The bail shall be subject to the conditions that the applicant shall not:
(i) influence the witnesses or otherwise interfere with the investigation;
(ii) leave his village 'Talghara' P.O. Talvan without informing to the Station House Officer, Police Station Belag, Tehsil Phillaur of District Jallandhar, (Punjab) about his forwarding address. Any breach of condition shall entail cancellation of bail.
11. The application is disposed of.
12. Dasti copy on usual terms.