IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P. (M) No. 406/2010 Date of decision: 11. 5. 2010 Bir Singh ….Petitioner Versus State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 For the Petitioner: Mr. Naresh Kaul, Advocate. For the respondent : Mr. Anshul Bansal, Addl. Advocate General with Mr. J.S. Rana, Assistant Advocate General. Surinder Singh J. (Oral) Petitioner was arrested on 3.3.2010 in terms of FIR No. 91/2010 in Police Station Nurpur District Kangra, H.P. allegedly keeping in possession 110 grams of charas. The petitioner failed to get bail from the court of Sessions, as such the instant application for bail has been moved. 2. Report filed. 3. Heard. The observations of the learned Sessions Judge, made in para 7 of his order dated 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - 9.4.2010 that the recovered stuff fell within the “commercial quantity” is not correct, therefore, rigour of Section 37 of the Act would not be attracted. Further, the learned Sessions Judge in para 8 of the said order also observed that in case the petitioner is granted bail there is apprehension of tampering with the prosecution evidence for that appropriate conditions can be imposed on the petitioner and also to secure the ends of justice. 4. In view of this, the instant application is allowed and it is ordered that the petitioner be released on bail on his furnishing bail bonds in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kangra at Dharamshala and this bail shall be subject to the conditions that the petitioner:- (a) shall present himself in the court and to the Investigating Officer as and when required to do so in this case. (b) shall not terrorize the prosecution witnesses in any manner. (c ) shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer. - 3 - (d) shall not involve himself in any criminal activity in any manner in future. 5. Needless to say in case he commits any breach of any of the conditions above, the liberty of bail shall be cancelled. 6. Any observation, made hereinabove is strictly for the disposal of this bail petition and shall not mean any expression on the merits of the case. 7. Let an authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Kangra at Dharamshala forthwith for his information and necessary action at his end. The copy be supplied to the counsel for the petitioner, if applied urgently, as per rules. The application stands disposed of. May 11, 2010 (Surinder Singh),J (cm)