HEERA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner, who is in prison w.e.f. 21.8.2020, for selling 700 grams of charas, has now 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 one kilogram of charas, 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 she is in custody for a considerable time.

(2.) Earlier, the petitioner had filed a petition under Section 439 CrPC before the concerned Special Judge. However, vide order dated 8.10.2020, Learned Special Judge, Bilaspur, HP, dismissed the petition.

(3.) In Para 14 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the accused.