Himachal Pradesh High Court

CRMPM/1029/2009 of RAMA CHAUHAN Vs STATE on 31 December 2009

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No. 1029 of 2009 31.12.2009 Present: Mr. J.R. Poswal, counsel for the petitioner. Mrs. Shubh Mahajan and Mr. J.S. Guleria, Assistant Advocate General, for the respondent. This order shall dispose of the application for bail filed by the petitioner in FIR No. 144 of 2009 under Section 20 of

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31.12.2009 Present: Mr. J.R. Poswal, counsel for the petitioner.

Mrs. Shubh Mahajan and Mr. J.S. Guleria, Assistant Advocate General, for the respondent.

This order shall dispose of the application for bail filed by the petitioner in FIR No. 144 of 2009 under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard.

The petitioner has been arrested for having been allegedly found in possession of 2.200Kg. of Ganza. The commercial quantity of Ganza as per schedule is 20 Kg., while small quantity is 1 Kg. Therefore, the quantity recovered from the petitioner is less than commercial quantity but more than small quantity. The learned counsel for the petitioner has relied upon the decision in Ved Ram Vs. State of Himachal Pradesh, 2007 (1) Shim. LC 152, wherein it was observed that there is no bar for grant of bail when the quantity was not commercial.

Keeping in view the above decision, the application is allowed and the petitioner shall be released on bail on his furnishing two personal bonds each in the sum of Rs.50,000/- with two sureties each in the like amount each to the satisfaction of the learned Sessions Judge/Additional Sessions Judge where the case is pending. Accordingly, the application stands allowed.

Copy Dasti.

Cr.M.P. No. 844 of 2009:

Heard. The application is allowed. Copy of the Sale Deed is allowed to be placed on record.

Cr.M.P. No. 845 of 2009:

Heard. The application is allowed and the petitioner is exempted from filing the English translation of vernacular document. The application stands disposed of accordingly.

( V.K. Ahuja ),

December 31, 2009 Judge

(BSS)

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