MAFO TEAGUE JULITTE Vs. STATE OF H. P.

JUDGEMENT

(1.) A female prisoner under custody for possessing 206 grams of diacetyl morphine (Heroin), aged 41 years, holder of Cameroon Passport, has come up before this Court under Section 439 of CrPC, seeking bail, on the grounds that the quantity of contraband allegedly seized is intermediate quantity and does not restrict bail, because the quantity greater than 250 grams of diacetyl morphine, falls in the category of the commercial quantity; hence the restrictions for bail imposed in S. 37 of NDPS Act, do not apply, and in the present case he is in custody for a considerable time.

(2.) Earlier, the petitioner had filed the following bail petitions: (a) Bail Application No.153 of 2021, before Special Judge-I, Shimla, dismissed as withdrawn on 20.05.2021.

(3.) The petitioner has filed a declaration through her Counsel that she has no criminal past, history, or conviction. The status report also does not mention any criminal past of the accused.