STATE OF HIMACHAL PRADESH Vs. BIRU RAM

JUDGEMENT

(1.) By way of above-captioned petitions filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner-State for cancellation of bail granted by learned Additional Sessions (Special) Judge, Kullu (hereinafter referred to as 'Special Judge') to the respondents-accused vide order dated 7.10.2016 in case FIR No.64 of 2016, dated 22.3.2016 under Sections 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"), registered at Police Station, Kullu.

(2.) Mr.P.M. Negi, learned Additional Advocate General, vehemently contended that respondents-accused were found possessing 1.004 Kg. of cannabis on 22.3.2016 and as such there was no occasion for learned Special Judge, Kullu to conclude that contraband recovered from respondents-accused was not commercial and as such they are entitled to be released on bail. Mr.Negi further disputed the findings returned by learned Special Judge that only 907 grams charas was recovered from the possession of the respondents-accused. While inviting the attention of this Court to Report No.772 submitted by FSL, NDPS Division 250/2016 in FIR No.64 of 2016, Mr.Negi strenuously argued that the Assistant Director has categorically stated in para- 10 of the report that, "on opening the sealed cloth parcel, the exhibit stated as charas, in the form of thick mass of fused balls and chapattis, was found in transparent interlock poly packet. On weighing the exhibit stated as charas on electronic balance, the weight was found to be 1.004 Kg".

(3.) Mr.Negi further contended that it has come on record, as is evident from FIR as well as Report submitted by FSL, that 1.004 Kg. charas came to be recovered from the conscious possession of the respondents-accused and as such, finding returned by learned Special Judge, while granting bail to the respondents-accused to the effect that contraband recovered from the respondents-accused is not of commercial quantity, is not sustainable being contrary to record.