DHARAM PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in FIR No. 32 of 2019 dated 04.03.2019 registered at Police Station Chowari, District Chamba, H.P. under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (from now on referred to as the Act).

(2.) The case of the petitioner is that the police has arraigned him as an accused in F.I.R. No. 32 of 2019 registered against him under Section 20 of the NDPS Act at Police Station Chowari, District Chamba. Learned counsel appearing for the bail petitioner contends that the petitioner is a student of final year and on 3rd March, 2019 after visiting his native village he was going to Baddi to appear in an examination, scheduled for 5th March, 2019. He boarded the bus bound from Chamba to Shimla and got a confirmed ticket to Nalagarh and allotted seat No. 29. At Tunuhatti Barrier police checked the bus, and as per the case of the prosecution the charas was found, and police seized the same. After that, the cops fastened its liability on the accused. The learned counsel for the petitioner submitted that the bail petitioner is a student, and his incarceration will affect his studies. The counsel further submitted that the police had recovered the charas from the roof of the bus. However, later on, the accused was fastened with the liability, whereas he has nothing to do with the said contraband.

(3.) The quantity of charas, which the Police seized, is not mentioned in the bail petition. However, Learned counsel for the bail petitioner contends that the amount of charas involved is greater than 1 kilogram. The Notification, issued under Section 2(vii) and (xxiiia) of NDPS Act, specifying small and commercial quantities of drugs and psychotropic substances, mentions charas at Sr. No. 23. If the weight of chars is greater than 1 kilogram than it shall fall in the commercial quantity. As such, the rigors of Section 37 of the NDPS Act shall apply in the present case. Resultantly, the present case is not at par with any other instance of the grant of bail in a penal offence.