INDERJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been instituted by the bail applicant under Sec. 439 Cr.P.C, for his being ordered to be released from judicial custody, wherein he is extantly lodged, for his allegedly committing offences punishable, under, Sec. 21-61-85 of NDPS Act, registered in case FIR No. 211/18 of 7.8.2018 with Police Station, Indora, District Kangra, H.P.

(2.) The investigating Officer, is, present in Court, and, has disclosed, that, Heroin carrying a weight of 5.74 grams, hence, standing allegedly recovered from the conscious and exclusive possession, of, the bail applicant. The afore quantity of Heroin recovered, from, the purported conscious and exclusive possession of the bail applicant, renders it to fall, within, the category, of less than commercial quantity thereof, and, thereupon, the rigor(s) of statutory provisions of Sec. 37 of the NDPS Act, are not applicable thereon, whereupon, this Court proceeds to accord the indulgence of bail qua the bail applicant.

(3.) Moreover, when at this stage, no material, has been placed on record, by the prosecution, demonstrating that in the event of bail being granted to the bail applicant, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, thereupon this Court is constrained to afford, the facility of bail in favour of the bail applicant.