Criminal Procedure Code, 1973
Section 439—Bail—Recovery of heroin—FIR registered under Sections 21/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act—Recovery made from petitioner is 89 grams of heroin which amounts to intermediate quantity and not commercial quantity—Recovery made from petitioner cannot be clubbed with recovery made from co-accused—Rigours of Section 37 of the Act would not apply in the facts and circumstances of present case—Applicant has been in custody for last eight months and has not been involved in any other case—Bail granted.
[Paras 8 to 10]