NASIR MOHAMMAD Vs. STATE OF H P

JUDGEMENT

(1.) The instant petition has been filed by the bail applicant, under, Section 439 Cr. P.C., wherethrough he seeks, the indulgence, of his being ordered to be released from judicial custody, whereat, he stands extantly lodged, for, his allegedly committing offences, punishable under Sections 20,25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "ND &PS Act), in case FIR No. 273 of 2016 dated 16.12.2016, registered with Police Station, Sadar, District Chamba.

(2.) The instant petition, warrants, an, adjudication being meted, vis-a-vis, (a) the aggregate or the total weight, of, the banned narcotic substance, rather comprising the apposite parameter, for, making a further determination, qua, thereupon, the purported recovery(ies), from, the alleged conscious and exclusive possession of the petitioner, being amenable, for, being categorized, as, (a) commercial quantity or more than commercial quantity thereof, (b) AND/ or the aggregate or the gross weight, of, the entire contents, as, carried in the recovered psychotropic substance, hence constituting the reckonable parameter, for making the apt determination, qua effectuation, of recovery(ies) thereof, from, the exclusive, and, conscious possession, of, the accused, being, hence construable to be (i) small quantity or (ii) more than small quantity or (iii)commercial quantity thereof.

(3.) In the instant case, registered against petitioner herein, the FSL concerned (i) qua 2 kg. 10 gram of charas, allegedly recovered, from, the exclusive and conscious possession of petitioner herein, has opined, that (i) the quantity, of, the purified content, of, the aforesaid contraband as found, in the exhibit, carrying a weight, of, 18.76% hence, prima-facie, the pure content thereof, of, the aforesaid narcotic substance, as extracted from the bulk thereof, falls within, domain, of, small quantum of, the aforesaid narcotic substance, as extracted from the bulk thereof, rather falls within, domain, of, greater than small quantity and less than, the commercial quality thereof, (ii) yet the aggregate weight, of, the narcotic substance(s), as, recovered from the exclusive possession of the accused, without segregating therefrom, the pure contents, thereof renders, the apposite haul, to fall, within, the domain, of it being construable to be categorized, as, more than commercial quantity (iii) thereupon reiteratedly also an adjudication, is to be meted qua any of the apt pure contents thereof, hence, comprising the apt parameter(s).