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2011 (2) TMI 1213 - HC - Indian LawsOpium - Accused persons filed applications for bail under Section 167(2) - at this stage, the entire quantity of 340 grams will have to be treated as opium derivative, which is a commercial quantity as per Entry 93 and therefore as per the provisions of Section 36-A(4) of NDPS Act, the accused would be entitled to be released on bail only if charge sheet is not filed within 180 days after the arrest. The learned trial Court did not consider these aspects and committed error in holding that it was less than commercial quantity merely because the percentage of morphine was between 1.56% and 1.90%. - Counsel for the accused contended that when the trial Court has considered the material and granted bail, there should be very strong and exceptional circumstances to cancel the bail - . In the present case, the trial Court proceeded with the matter on the basis of wrong assumption and without properly looking to the provisions of law and particularly Entry 93 in the notification and committed error in holding that the accused are entitled to be released on bail if the charge sheet is not filed within 60 days. When the bail has been granted in clear contravention of law, this Court can certainly interfere. - Bail cancelled.
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