RAMESH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, who was arrested under S. 22 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), w.e.f. 16/9/2021, for possessing seven bottles, 100 ml each of cough syrup labelled as "Codeine Phosphate & Chlorpheniramine meleate Syrup CHOCO cough syrup", has now come up before this Court under Sec. 439 of CrPC, seeking bail, on the grounds that the quantity of contraband allegedly seized is 700 ml, which is intermediate quantity and does not restrict bail, because the quantity greater than one kg of codeine, falls in the category of the commercial quantity; hence the restrictions for bail imposed in S. 37 of NDPS Act do not apply.

(2.) A perusal of the petition reveals that the petitioner straightaway filed the bail petition before High Court, which is permissible given the decision of a three Judges Bench of HP High Court, in Mohan Lal v Prem Chand, AIR 1980 HP 36, (Para 9 & 15), wherein the Full bench holds that a person can directly apply for an anticipatory bail or regular bail to the High Court without first invoking the jurisdiction of the Sessions Judge.

(3.) The bail petition is silent about criminal history, however, Mr. Sarthak Mehta, ld. Counsel for the bail petitioner states on instructions that the petitioner has no criminal past relating to the offences prescribing sentence of seven years and more, or when on conviction, the sentence imposed was more than three years. The status report also does not mention any criminal past of the accused.