SUMITRA DEVI v. UNION OF INDIA

.. Mr. N.K. Singh, Adv. For the Union of India .. Mr. Gopesh Kumar, C.G.C. **** /2/

19.11.2009 Heard both the sides.

The petitioner seeks bail in a case instituted under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Taking into consideration the fact that beneath the seat where the petitioner was sitting from a bag 12 K.G. of ganja was recovered which is not a commercial quantity nor can be said to be in conscious possession of the petitioner and she has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with N.D.P.S. Case No. 45 of 2008 the satisfaction of the Sessions Judge, East 2 Champaran, Motihari, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)