(1.) The instant petition, stands instituted by the petitioner/ bail applicant, under, Section 438 Cr.P.C, wherein he seeks grant of anticipatory bail qua him, given his apprehending his arrest, for allegedly committing offences punishable, under Sections 21 and 29 of ND & PS Act, in case FIR No. 94/19 of 23.4.2019, registered with Police Station, West District Shimla, H.P.
(2.) The investigating Officer, is, present in Court, and, has disclosed, that, Heroin carrying a weight of 7.5 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 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.) 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 re-indulging in the commission of offences.