VINOD KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) All these applications are being disposed of by a common order since they arise out of a common FIR lodged at Police Station Anni.

(2.) The instant applications have been filed under Section 439 of the Cr.P.C., for grant of bail to the bail applicants, who are presently undergoing judicial detention for their having allegedly committed offences under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in F.I.R. No. 13 of 2015 of 08.02.2015, registered at police station Anni, District Kullu, H.P.

(3.) Status report filed. The perusal of the status report divulges the factum of the weight borne out by the contraband allegedly recovered from the exclusive and conscious possession of the bail applicants to be falling in the category of "less than commercial quantity". Therefore, given the factum of the weight/quantity of the contraband, hence, not attracting the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, consequently, when the rigour thereto remains un-attracted, as such, this Court is constrained to accord the facility of bail to the bail applicants. More so, given the absence of material demonstrating that in the event of bail being granted to the bail applicants, there is every likelihood of the bail applicants fleeing from justice or tampering with the prosecution evidence, as a sequel, the indulgence of bail is granted to the bail applicants subject to compliance of following conditions:-