RAKESH KUMAR 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, Sec. 20 of ND and PS Act, in case FIR No. 84/2017 of 9/10/2017, registered with Police Station Kihar, District Chamba, H.P.

(2.) Mr. Hemant Vaid, learned Additional Advocate General, on instructions meted to him by the Investigating Officer, Whether reporters of the local papers may be allowed to see the judgment has made a clear submission, before this Court that the quantum of charas/cannabis, as, stood recovered, from, the exclusive possession of the bail applicant hence weighing 1 kg 20 grams, and, the quantity of purified resin therein, being 19.76% w/w, and, he further submits that after separating/excluding the afore quantum of pure resinous substance, as carried in the afore quantum of charas/cannabis, the quantum thereof, also rather falling within the category of less, than, commercial quantity thereof.

(3.) Moreover, when also at this stage, no material, has been placed on record, by the prosecution, demonstrating that in the event of bail being granted to the petitioner/bail applicant, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, thereupon this Court is constrained to afford, the facility of bail in favour of the petitioner/bail applicant.