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

 Hig h C o urt of H.P on 21 03 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No. 4221Date of Decision : March 19 2021 Amit Kumar Chauhan...Petitioner.VersusState of Himachal Pradesh...Respondent. Coram:Ms. Justice Jyotsna Rewal Dua Judge.Whether approved for reporting 1 For the petitioner :Mr. Ashok K. Tyagi Advocate. For the respondent :Mr. Anil Jaswal Addl. Advocate Generaland Mr. Manoj Bagga Asst. A.G. Jyotsna Rewal Dua Judge.registered at Police Station Kala Amb District Sirmour HP.He is in custody w.e.f. 8.1.2021 and by means of theinstant petition has prayed for grant of regular bail underSection 439 of the Code of Criminal Procedure.1Whether reporters of Local Papers may be allowed to see the judgment Hig h C o urt of H.P on 21 03 HCHP 22.I have heard learned counsel for the parties andgone through the status reports.3.The gist of the case against the petitioner is that on8.1.2021 at around 6.30 p.m. police party while on routinechecking duty stopped a car baring No. HP71 1022 beingdriven by the petitioner. It’s search was carried out inaccordance with law. During search 96 intoxicated capsulesof Spasmo Proxyvon Plus were recovered from the car. Thetotal weight of the capsules was 48.288 grams. The reportof the State Forensic Science Laboratory Junga indicatedpresence of Tramadol Hydrochloride in the capsules.Petitioner was arrested on 8.1.2021 and since then he is incustody.4.Learned counsel for the petitioner raised the pleaof innocence and false implication. He further submittedthat the bail petitioner aged around 38 years has nocriminal history in respect of offences under the NDPS Act.He further submitted that the petition will abide by all theconditions which may be imposed upon him in case ofgrant of bail and that he will not influence the witnesses ortemper with the prosecution evidence in any manner. Hig h C o urt of H.P on 21 03 HCHP 3Opposing the plea learned Additional AdvocateGeneral has submitted that the petitioner has been found tobe involved in 17 FIRs for various offences under the IndianPenal Code. He further submitted that in case the Court isinclined to grant bail to the petitioner then the same bemade subject to stringent conditions.5.The quantity of Spasmo Proxyvon Plus Capsulescontaining Tramadol Hydrochloride allegedly recoveredfrom bail petitioner admittedly weighed 48.288 grams which falls in now commonly known as ‘intermediatequantity’. Therefore the rigors of Section 37 of the Act willnot be applicable in the instant case. The status reportfurnished today by the State reflects that sixteen out ofseventeen FIRs registered against the petitioner have eitherresulted into his acquittal or compromise. In one FIR i.e. FIRNo. 1615 registered against him under Sections 341 323 325 read with Section 34 IPC he has been convictedand sentenced for three years imprisonment by the learnedChief Judicial Magistrate Nahan Distt. Sirmour on 25thAugust 2017. The cases which have already beencompromised between the parties or in which petitioner Hig h C o urt of H.P on 21 03 HCHP 4has been acquitted cannot be looked into at this stage. Asper the status reports there is no criminal history of thepetitioner under the NDPS Act. The investigation in thecase is complete and Challan stands presented in the Courtof competent jurisdiction on 8th March 2021. Petitioner islocal resident and therefore his presence can be securedduring the trial. To ensure that the petitioner does notindulge in similar activities again a strict condition is beingimposed that in case he is found involved in future in anyFIR under NDPS Act then this bail is liable to be cancelled.Accordingly the present petition is allowed and petitioner isordered to be released on bail in FIR No.21 dated8.1.2021 registered under Section 21 of the NDPS Act atPolice Station Kala Amb District Sirmour H.P. on hisfurnishing personal bond in the sum of Rs.50 000 with onelocal surety in the like amount to the satisfaction of thelearned trial Court having jurisdiction over the concernedPolice Station subject to the following conditions:Judge.March 19 2021

Summary: 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.’