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(2022) Law Today Live Doc. Id. 16611
Decided on: 29.03.2022
Present:
Ms. Suman Kumari, Advocate for Mr. Munfaid Khan, Advocate for the petitioner.
Mr. Tanuj Sharma, Assistant Advocate General, Haryana
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20(b)(i)C, 61, 85, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case -- Anticipatory bail – Allegation that petitioner supplied Ganja weighing 5 kgs. 200 grams, to the principal offender – State submits that the above weight of above Ganja, makes it fall within the ambit of intermediate quantity – Rigors of Section 37 of NDPS Act are not applicable – Ad interim bail granted made absolute.
(Para 1, 3-5)
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SURESHWAR THAKUR, J. (ORAL) –
1. The petitioner, by filing the present petition under Section 438 Cr.P.C., seeks grant of anticipatory bail in case FIR No. 457 of 27.10.2021, which was registered against him, at Police Station Sadar Nuh, District Nuh, constituting therein offences under Sections 20B (i) C-61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. This Court, through an order made on 14.12.2021, had granted ad interim bail to the bail applicant / petitioner.
3. The incriminatory role as assigned to the bail petitioner, is of his supplying Ganja weighing 5 kgs. 200 grams, to the principal offender,.
4. The learned State Counsel, on instructions, meted to him, by ASI Ashok Kumar, submits, that the above weight of above Ganja, makes it fall within the ambit of intermediate quantity thereof. Therefore, the rigors of Section 37 of NDPS Act, are not applicable thereons, rather the petitioner becomes entitled to be admitted to pre-arrest bail.
5. Consequently, this Court makes absolute the order made by this Court on 14.12.2021. However, the making of absolute of the afore order shall be subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure. The Investigating Officer concerned, is directed to forthwith ensure the furnishing before him, by the bail-applicant, of personal and surety bonds, in a sum of Rs. 50,000/- each. The afore order is also subject to his (petitioner) not tampering with prosecution evidence, and/or not influencing prosecution witnesses, and, also, as and when he is summoned by the investigating officer, through a written Hukamnama, his cooperating in the investigations to be made into the offence(s) concerned
6. Disposed of.
Order accordingly.
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