RAJINDER THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) On the allegations of illicitly planting 554 plants of opium poppy, the petitioner, who is in custody since 28-4-2021, 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 plantations fall 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.) 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 and 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 Court.

(3.) In Para 11 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the accused.