KULDIP CHAND Vs. STATE OF HP

JUDGEMENT

(1.) The Petitioner is accused of an offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short "the Act" in terms of FIR No. 81 of 2009 dated 30th June, 2009 registered at Police Station, Dehra, District Kangra allegedly keeping in his possession 2 Kgs. Charas.

(2.) The instant application has been moved under Sec. 439 of the Code of Criminal Procedure for his enlargement on bail on the ground that resin contents found in the sample were only 42.5% which are less than "commercial quantity" and the rigors of Sec. 37 of the Act will not apply.

(3.) The notice of this application was given to the Respondent -State. Shri J.S. Rana, learned Assistant Advocate General has put in appearance, filed report and objected to the release of the Petitioner on bail on the ground that the Petitioner is a habitual offender and is involved in about ten excise cases.