ASHWANI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A habitual offender, under Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), is once again in prison w.e.f. 19/6/2021, for possessing 15.38 grams of Heroin, and has now come up before this Court under Sec. 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 the following bail petitions:

(3.) Briefly, the allegations against the petitioner are that on 18/6/2021, the investigator had received a secret information. After compliance of the provisions of Sec. 42 NDPS Act, the investigator formed a raiding party and recovered 15.38 grams of Heroin from the petitioner and arrested him.