This bail application in an NDPS case involving 12.5 kgs of poppy husk was dismissed. The Court found the petitioner a habitual offender likely to repeat the offence, flee justice, or tamper with evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP (M) No. 505 of 2017
Decided on: 29th May, 2017
__________________________________________________________________ Gurdarshan Singh alias Darshan Singh ....Petitioner.
Versus
State of Himachal Pradesh. …Respondent.
Coram
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 Yes.
| For the petitioner : | Mr. Rajiv Jiwan, Advocate. |
|---|---|
| For the respondent : __________________________ |
Mr. Virender K. Verma, Addl. AG, with Mr. Pushpinder Jaswal, Dy. AG. _______________________________________ |
Chander Bhusan Barowalia, Judge (oral).
The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 21 of 2017, dated 08.03.2017, under Section 15 of Narcotic Drugs & Psychotropic Substances Act, registered at Police Station Kot Kehloor, District Bilaspur, H.P.
1 Whether reporters of Local Papers may be allowed to see the judgment?
and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.
quantity recovered from him, in the present case, is not a commercial quantity, so keeping in view the above submissions, he may be released on bail. Conversely, the learned Additional Advocate General, has argued that taking into consideration the conduct of the petitioner and his past history, he may not be released on bail. In rebuttal, the learned counsel for the petitioner has argued that the petitioner has already been acquitted in earlier cases, meaning thereby he was not involved in those cases. He has further argued that in order to meet the ends of justice, the petitioner may be released on bail.
kgs, and also the interest of the society at large, finds that the present is not a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour.
petition, which sans merits, deserves dismissal and is accordingly
dismissed.
(Chander Bhusan Barowalia)th May, 2017 Judge
(virender)
1 issue framed by the court
Whether the petitioner be granted bail on the grounds of innocence and lack of commercial quantity of contraband.
Gurdarshan Singh alias Darshan Singh
State of Himachal Pradesh
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
