PAWAN KUMAR Vs. STATE OF H.P.
LAWS(HPH)-2021-2-4
HIGH COURT OF HIMACHAL PRADESH
Decided on February 04,2021

PAWAN KUMAR Appellant
VERSUS
STATE OF H.P. Respondents

JUDGEMENT

ANOOP CHITKARA, J. - (1.) A habitual offender, under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), is once again in prison w.e.f. 2.10.2020, for possessing 6.10 grams 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 250 grams of Heroin, 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 28.11.2020, learned Special Judge-II, Kangra at Dharamshala, HP, dismissed the petition because the accused is a habitual offender.
(3.) The bail petition is silent about criminal history, however, status report mentions the following criminal history: a) FIR No.68/03, under Section 61-1-14, Excise Act, Police Station Shahpur. b) FIR No. 105/03, dated 14.4.2003, under Section 61-1-14 Excise Act, Police Station, Kangra. c) FIR No. 27/19, dated 22.2.2019, under Section 20, 21-61-85 NDPS Act, Police Station Kangra d) FIR No.09/20, dated 08.01.2020, under section 20-61-85, Police Station Kangra. ;


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