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Drug crime

Intermediate Quantity- the thoroughness of Section 37 of the Act not to be Applicable: High Court of Shimla

The quantity of Spasmo Proxyvon Plus Capsules containing Tramadol Hydrochloride allegedly recovered weighed 48.288 grams, which falls in ‘intermediate quantity’. Therefore, the rigors of Section 37 of the Act not be applicable. This honorable judgement was passed by High Court of Shimla in the case of Amit Kumar Chauhan v. State of Himachal Pradesh [Cr.MP(M) No. 420 of 2021] by Ms. Justice Jyotsna Rewal Dua.

The petitioner filed petition for grant of regular bail under Section 439 of the Code of Criminal Procedure. The gist of the case against the petitioner was that on 8.1.2021 at around 6.30 p.m., police party while on routine checking duty stopped a car baring No. HP71 1022 being driven by the petitioner. His search was carried out in accordance with law. During search 96 intoxicated capsules of Spasmo Proxyvon Plus were recovered from the car. The total weight of the capsules was 48.288 grams. The report of the State Forensic Science Laboratory, Junga, indicated presence of Tramadol Hydrochloride in the capsules. Petitioner was arrested on 8.1.2021. The petitioner raised the plea of innocence and false implication and had no criminal history in respect of offences under the NDPS Act. Opposing the plea, it was submitted that the petitioner has been found to be involved in 17 FIRs for various offences under the Indian Penal Code.

The court opinioned that, ‘As per the status reports there is no criminal history of the petitioner under the NDPS Act. The investigation in the case is complete and Challan stands presented in the Court of competent jurisdiction on 8th March, 2021. Petitioner is local resident and, therefore, his presence can be secured during the trial. To ensure that the petitioner does not indulge in similar activities again, a strict condition is being imposed that in case he is found involved in future in any FIR under NDPS Act then this bail is liable to be cancelled.

The court disposed of the petition stating that, ‘the petitioner is ordered to be released on bail in FIR No.5 of 2021, dated 8.1.2021, registered under Section 21 of the NDPS Act at Police Station Kala Amb, District Sirmour, H.P. on his furnishing personal bond in the sum of Rs.50,000/-, with one local surety in the like amount, to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter.

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