BHIM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner incarcerating upon his arrest under Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), w.e.f. 10/8/2021, for possessing Charas, 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 one kilogram 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 No. 204-BA/22 of 2021, decided on 1/9/2021, by learned Special Judge-1, Sirmaur District at Nahan, H.P.

(3.) The bail petition is silent about criminal history, however, Mr. Sunil Thakur, Ld. 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.