MIRALE @ DUMA @ BOSCO 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 and 29-61-85 of ND and PS Act, registered with Police Station Sadar, Una, in case FIR No. 144/17 of 30/5/2017.

(2.) A perusal of the status report, discloses that from the alleged and conscious possession of the bail applicant, 50.2, 9.44 Whether reporters of the local papers may be allowed to see the judgment grams of heroin, and, also 1.87 grams of Ganja were recovered. Accordingly, the weight(s) of the afore contraband(s) recovered from the conscious and exclusive possession of the bail applicant, renders them, to, fall in the respective category of intermediate and small 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.) However, the learned Additional Advocate General submits with much vigor before this Court, that, since the bail applicant had purchased, from one Joseph James @ Prince, the afore contraband(s), and, in whose alleged and conscious possession, 217.26 grams of heroin, and, 12.27 grams of ganja, were recovered, hence, upon, adding the hereat weight of contraband(s) with the afore weight(s) of contraband(s), recovered from the conscious and exclusive possession, of, afore Joseph, (i) thereupon the total weight(s) thereof rather renders the afore weight of the afore contraband to rather fall within the commercial quantity(ies) , moreso, with the provisions of Sec. 29 of NDPS Act being added, and, thereupon the facility of bail is required to be not granted to the bail applicant.