CHIMA SEGUS Vs. STATE OF H.P.

JUDGEMENT

(1.) An under-trial prisoner, holder of Nigerian Passport, in custody for selling 13 grams of diacetyl morphine (Heroin), 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 (Heroin) 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 a petition under Section 439 CrPC before the concerned Sessions Court. However, vide order dated 21.07.2020, Learned Special Judge-II, Kullu, District Kullu, HP, dismissed the petition because of the lack of verification of his passport.

(3.) The bail petition is silent about criminal history, however, Mr. Pushpender Jamwal, 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.