GAURAV SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This order shall dispose of an application under Section 439 of Cr.P.C. etc. filed by the petitioner for the grant of bail in case F.I.R. No. 240 of 2012 dated 22.09.2012, under Section 20 and 29 of ND & PS Act, P.S. Sadar Kullu, H.P. The petitioner has been arrested along with another person Baupana for possessing Charas weighing about 1.700 Kg. and the case was registered under Section 20 and 29 of ND & PS Act. Both these persons were coming from Manikaran side, carrying two bags on their back and on suspicion, they were apprehended by the police party and the recoveries were effected from their possession. The challan in question has already been filed before the learned Special Judge on 1.12.2012. A notice of the application was issued to the State.

(2.) I have heard Mr. Yadvender Gupta, Advocate, assisted by Mr. Bhupinder Ahuja, Advocate, for the petitioner and Mr. J.S. Guleria, Assistant Advocate General, for the respondent-State.

(3.) The submissions made by the learned Counsel for the petitioner were that the petitioner and co-accused were found in possession of 1.700 Kg. of Charas and keeping in view the percentage of resin in the sample analysed by the expert as 36.85%, the weight of charas comes to 626.45 gram and as such it ceases to be the non-commercial quantity.