VISHAMBHAR ISIAH STRIESAND Vs. STATE OF H P

JUDGEMENT

(1.) The instant petition has been instituted by the bail petitioner under Section 439 Cr.P.C, for, his being ordered to be released from judicial custody, wherein, he is extantly lodged for his allegedly committing offence(s) punishable under Sections 20, 21 and, Section 25 of ND&PS Act, in respect whereof, FIR No. 30 of 2017 of 17.2.2017, is lodged, at Police Station Manali, District Kullu, Himachal Pradesh.

(2.) The Investigating Officer has recovered, from the alleged conscious and exclusive possession of the bail-applicant, hence contraband, nomenclatured as 'Ganja'. The weight of the afore 'Ganja' is more than 100.20 kg, hence, renders it to fall within commercial quantity thereof. The learned counsel for the bail-applicant, while alluding, to, the definition of 'Ganja' as, occurring in Section 2 (iii) (b) of the NDPS Act, provisions whereof stand extracted hereinafter:-

(3.) However, for the reasons to be recorded hereinafter, his submission is straightway rejected: