VIKRAM SINGH @ VILKI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been instituted by the bail applicant 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 offences punishable, under, Sections 20 of NDPS Act, registered in case FIR No. 34 of 2019, of 9.2.2019, with Police Station, Barsar, District Hamirpur, HP.

(2.) The investigating Officer, is, present in Court, and, has disclosed, that, Charas carrying a weight of 150 grams, hence, standing allegedly recovered from the conscious and exclusive Charas recovered, from, the purported conscious and exclusive possession of the bail applicant, (a) wherefrom the afore weight, of, the afore contraband, hence renders it to fall, within, the category, of less than commercial quantity thereof, and, thereupon, the rigor(s), of, the statutory provisions of Section 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.