PRAJUWAL DHANTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition stands instituted by the petitioner/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, Ss. 21-61-85 of ND and PS Act, registered with Police Station Dharampur, District Solan, H.P., in case FIR No. 29/19 of 13/2/2019.

(2.) The investigating Officer, is, present in Court, and, has disclosed, that, Heroin carrying a weight of 20.5 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 the 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.) Mr. Hemant Vaid, learned Deputy Advocate General submits before this Court, that, the bail applicant is a habitual criminal, and, there are other FIRs besides the instant one, recorded against him. He submits that hence given the repeated indulgence of the applicant in criminal activities, thereupon, the according of facility of bail in his favour, being not appropriate, as there, is every likelihood of his influencing the prosecution witnesses, in other cases pending against him, and, also his reindulging in the commission of offences.