IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.705 of 2010
DEEPAK PASWAN
Versus
STATE OF BIHAR
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3. 29.09.2010 Heard bail prayer of the appellant after receipt of
lower court records.
Appellant stands convicted u/s 21 of the N.D.P.S.Act
and sentenced to R.I. for 10 years and to pay a fine of
Rs.1,00,000/- and in default of payment of fine to undergo R.I. for
2 years.
The allegation and evidence is that the appellant was
seen selling psychotropic substance and on search, 2 packets
containing 76 grams and 53 grams, in total 129 grams of heroin
was recovered from his possession.
Learned counsel for the appellant submits that as to
the quantity recovered there is contradiction in the oral evidence
adduced by the witnesses. Learned A.P.P. submits that in the table
under the N.D.P.S. Act, 5 grams of heroin is small quantity and
250 gram is commercial quantity and the recovered heroin is much
above the small quantity.
In the facts and circumstance of the case, I do not feel
inclined to grant bail to the appellant. The prayer for bail is,
accordingly, rejected.
Jay/ (C. M . Prasad, J.)