SUNNY KAPOOR @ HONEY Vs. STATE OF H.P.
HIGH COURT OF HIMACHAL PRADESH
Sunny Kapoor @ Honey
STATE OF H.P.
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ANOOP CHITKARA,J. -
(1.) A habitual offender, who twice underwent sentences upon conviction under Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), is once again in prison w.e.f. 9th Aug 2020, for possessing 15.290 kilograms of poppy husk, and has now come up before this Court under Section 439 of CrPC, seeking bail, on the grounds that the quantity of contraband allegedly seized is intermediate quantity and does not restrict bail, because the quantity greater than 50 kilograms of poppy straw, falls in the category of the commercial quantity; hence the restrictions for bail imposed in S. 37 of NDPS Act, do not apply, and in the present case he is in custody for a considerable time.
(2.) Earlier, the petitioner had filed a petition under Section 439 CrPC before the concerned Sessions Court. However, vide order dated 25.11.2020, Ld. Special Judge-II, Kangra at Dharamshala, HP, dismissed the petition because the accused is a habitual offender.
(3.) Para 5 of the bail petition and status report mentions the following criminal history:
a) FIR No.65 of 2004 dated 10.04.2004, under the Excise Act, wherein the petitioner was acquitted. Thus, it is inconsequential.
b) FIR No. 40 of 2013, dated 10.06.2013 under Section 15 of the NDPS Act, Police Station Sadar Pathankot. The accused-petitioner was convicted by learned trial Court vide order dated 20.08.2015 to undergo simple imprisonment for a period already undergone.
c) FIR No. 104/2016, dated 17.12.2016, under Section 21-61-85 of NDPS Act at Police Station, Pathankot. The accused-petitioner was convicted by learned trial Court vide order dated 21.12.2019 to undergo simple imprisonment for a period already undergone. ;
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