AMARJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition has been instituted by the bail petitioner 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 offence punishable under Ss. 20 and 29 of ND &PS Act, in respect whereof, FIR No. 67 of 2018 of 8/7/2018, is lodged, at Police Station, Bharmour, District Chamba, Himachal Pradesh.

(2.) An apt status report has been filed by the Investigating Officer. It is portrayed in the status report, that, the quantum of the relevant item of contraband, recovered, from the conscious and exclusive possession of the bail applicant, hence weighing 2 kg 42 grams of charas, and, the quantity of purified resin thereof, as, found in the exhibit, being, 25/26% w.w. The afore weight of resin, in, the charas, as, recovered, from, the conscious and exclusive possession of the bail-applicant, hence falls in non commercial quantity thereof, (i) thereupon with their being no statutory bar, against indulgence, of, bail being affordable vis-a-vis the afore weight, of, the afore relevant item(s) of contraband, as, recovered from the conscious and exclusive possession, of the bail-applicant, (ii) thereupon this Court is constrained, to allow the bail application, (iii) especially when no material has been placed on record, by the prosecution, demonstrative, of, qua in the event of bail being granted to the bail petitioner, there being/is every likelihood, of, his fleeing from justice or tampering with prosecution evidence. Accordingly, the indulgence of bail is granted to the bail petitioner, on the following conditions:-

(3.) Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. Copy dasti.