PAWAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) A habitual offender, under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), is once again in prison w.e.f. 2.10.2020, for possessing 6.10 grams and 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 250 grams of 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 28.11.2020, learned Special Judge-II, Kangra at Dharamshala, HP, dismissed the petition because the accused is a habitual offender.

(3.) The bail petition is silent about criminal history, however, status report mentions the following criminal history: