BHAVAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) A Single Bench of this Court has framed the following question of law during the hearing of this petition [Cr.M.P(M) No. 613 of 2019] titled Bhavan Kumar vs. State of Himachal Pradesh and referred the same to Larger Bench for adjudication:

(2.) Accordingly, the Registry has placed this matter before Hon'ble the Chief Justice which ultimately has been referred to this Bench for adjudication of the question of law hereinabove formulated for adjudication by the Single Bench.

(3.) The petition has been filed under Section 439 of the Code of Criminal Procedure by the accused-petitioner for grant of bail in a case registered against him under Sections 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act' in short) vide FIR No. 11 of 2019 in Police Station, Jogindernagar, District Mandi, H.P. It is during the course of arguments, learned counsel representing the accused-petitioner has placed reliance on the judgment that it is the resin contents in a sample of charas are relevant to determine the quantity, rendered by another Single Bench of this Court in Cr.M.P(M) No. 332 of 2019 titled Roshan Lal Bhardwaj vs. State of Himachal Pradesh decided on 15.03.2019. The operative part of this judgment reads as follows: