ABHAY WALIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application is maintained by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail in case FIR No. 234 of 2016, dated 13.9.2016, under Section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), registered at Police Station, Sundernagar, District Mandi, H.P. In this case, the police report stands file.

(2.) As per the prosecution story, bus of Himachal Pradesh Road Transport Corporation, bearing registration No. HP 28A-1412, was on its way from Manali to Chandigarh was stopped by the Police near Rest House Chowk and on checking the petitioner was found carrying 104 grams of charas. Accordingly, he was apprehended after following the procedure.

(3.) Learned Counsel appearing on behalf of the petitioner has argued that the petitioner is innocent and is falsely implicated in this case and he may be released on bail. He has further argued that even the quantity of 104 grams shows that it was little more than 100 grams. The petitioner is a student and he may be released on bail under the above mentioned circumstances.