VED RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Heard and gone through the record.

(2.) One kilogram 'Charas' was recovered from the applicant by the police during the search of his person. The quantity is not commercial but between small and commercial and hence the offence is punishable, under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The maximum punishment prescribed is ten years imprisonment and fine, which may extend to Rupees one lac. Therefore, the bar in the matter of grant of bail, contained in Section 37 of the Act, is not attracted, because Section 37 comes in the way of grant of bail where the offence involves commercial quantity.

(3.) Investigation of the case is complete. Police does not now require the custody of the applicant. Hence the application is allowed and the applicant is ordered to be released on his furnishing bail bond in the sum of Rs. 10,000 with one surety in the like amount, to the satisfaction of the Chief Judicial Magistrate, Kullu. The orer is subject to the following conditions:- (1) The applicant shall not attempt to win over the witnesses or otherwise tamper with the evidence; (2) He shall not commit any crime. Dasti copy, as prayed for, on usual terms. Application allowed.