Cr.MP (M) No. 53/2010. 24.2.2010Present: Mr. M.S. Guleria, counsel for the petitioner. Mr. J.S. Rana, Assistant Advocate General, for the respondent-State. Heard. Petitioner has been arrested on 14.1.2010 in FIR No. 21 of 2010 registered on 10.1.2010 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act in Police Station Sadar Mandi, H.P. Precisely, the facts of the case are that on 10.1.2010 Sat Pal and Rahul accused persons were traveling in a bus. Police apprehended them with 5 kg. of ‘cannabis’ near the place known ‘Sukibain’, falling under the jurisdiction of Police Station Sadar Mandi. It is alleged that at their pointing out about the source of the cannabis, they revealed that they had purchased it, for Rs. 74,000/- from the petitioner resident of village Liyami. On the basis of this, petitioner was arrested for the alleged conspiracy under Section 29 of the -2- Narcotic Drugs and Psychotropic Substances Act. But no statement under Section 27 of the Evidence Act of any of the accused was recorded. Without commenting upon the merits of the case, suffice it to say that the petitioner has a case for bail. Accordingly his request for bail is allowed. He is ordered to be released on bail on his furnishing bail bonds in the sum of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the Chief Judicial Magistrate, Mandi and this bail shall be subject to the condition that the petitioner:- (a) shall report for the investigation in this case as and when required by the police and shall present himself in the court whenever required to do so. (b) shall not tamper with the prosecution evidence 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 -3- as to dissuade him from disclosing such facts to the court or the Police officer. (d) shall not involve himself in similar case in future. Needless to say in case he commit any breach of any of the conditions above, the liberty of bail shall be cancelled. Any observation made hereinabove is strictly for the disposal of this bail petition and shall not affect the merits of the case in any way. Let an authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Mandi 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. February 24, 2010 (Surinder Singh),J (cm)