RAJIV KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) Petitioner who is in custody under Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), w.e.f. 9.4.2021, for possessing 334 grams of charas (Cannabis), and 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 1 kg 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 he is in custody for a considerable time.

(2.) Earlier, the petitioner had filed the following bail petitions: (a) Bail Application Nos. 56 of 2021 and 58 of 2021 was filed before the Court of learned Special Judge, Hamirpur and the same stood dismissed on 17.5.2021.

(3.) In Para 7 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the accused.