VIPIN MOHAN VOHRA Vs. STATE OF H.P.
HIGH COURT OF HIMACHAL PRADESH
Vipin Mohan Vohra
STATE OF H.P.
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ANOOP CHITKARA, J. -
(1.) The petitioner, who is in custody, under Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), since 6.12.2020, for possessing 7.03 grams of Heroin (Diacetylmorphine), 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 (Diacetylmorphine), falls in the category of the commercial Whether reporters of Local Papers may be allowed to see the judgment? quantity; hence the restrictions for bail imposed in Section 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 17.12.2020, Ld. Special Judge-III, Solan, District Solan, H.P., dismissed the petition being the same merit less.
(3.) In Para 8 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the accused Briefly, the allegations against the petitioner are that on 6.12.2020, the police officials were patrolling the jurisdiction of Police Station, Sadar Solan. In the midnight, near Saproon Chawk, the police official directed a Maruti van to stop, but instead of stopping, the driver of the van took the vehicle on the opposite side.
However, there were barricades, as such, the van could not cross. It lead the suspicion and the police noticed five young males sitting in the van. On inquiry, they got perplexed. It raised further suspicion and the police officials checked the dash board of the Maruti van which led recovery of a brown coloured substance. On checking the same from Drug Deduction Kit, it tested positive for Heroin (Diacetylmorphine). The contraband on weighing was found to be 7.03 grams. On completing the procedural formalities, the police registered the FIR mentioned above. ;
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