RAMESH SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) The petitioner, who is in custody since 16th March, 2021 for possessing 274 grams of Charas and 452 grams of opium, 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 one kilogram of Charas and 2.5 kilograms of Opium, 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.35-S/22 of 2021, dismissed by learned Special Judge, Solan, on 24.5.2021.

(3.) The bail petition is silent about criminal history, however, Mr. Daleep Singh Kaith, learned 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.