- (1.)For possessing 1. 114 Kilograms of Charas, the petitioner, who is under arrest, on being arraigned as an accused in in FIR number 09/2019 registered under Sections 20-61 -85 of Narcotics Drugs and Psychotropic Whether reporters of Local Papers may be allowed to see the judgment? Substances Act , 1985, dated 7. 2. 2019, in the file of Police Station Shillai, District Sirmour, HP, disclosing non-bailable offences, has come up before this Court under section 439 CrPC, seeking regular bail.
(2.)The status report filed. I have seen the status report(s) as well as the police file to the extent it was necessary for deciding the present petition, and the same stands returned to the police official. I have heard Mr. Sunil Chauhan, learned counsel appearing for the petitioner and Mr. Narender Guleria, learned Additional Advocate General for the respondent/State.
(3.)Ld. Counsel appearing for the petitioner contends that although the total weight of the contraband allegedly recovered is 1. 114 k. g. but the percentage of resin would bring it below the commercial quantity. Resultantly, rigors of Section 37 of Narcotic Drugs and Psychotropic Substances Act will not attract. The submission of the counsel for the bail petitioner is that percentage of resin is to be considered and not the entire bulk. He further submitted that if resin is considered then it would fall below 1 kg, which is less than commercial quantity.
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