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Judgment
Surinder Singh, J.—The Petitioner is accused of an offence u/s 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short "the Act" in terms of FIR No. 81 of 2009 dated 30th June, 2009 registered at Police Station, Dehra, District Kangra allegedly keeping in his possession 2 Kgs. Charas.
The instant application has been moved u/s 439 of the Code of Criminal Procedure for his enlargement on bail on the ground that resin contents found in the sample were only 42.5% which are less than "commercial quantity" and the rigors of Section 37 of the Act will not apply.
The notice of this application was given to the Respondent-State. Shri J.S. Rana, learned Assistant Advocate General has put in appearance, filed report and objected to the release of the Petitioner on bail on the ground that the Petitioner is a habitual offender and is involved in about ten excise cases.
I have considered the matter. It may be true that the rigors of Section 37 of the Act would not apply in this case, but the release of the Petitioner has to be considered under the general law on well settled principles, also the offence alleged to have been committed and interest of the society.
There are about ten excise cases against the accused-Petitioner and while on bail he allegedly committed the offence in question which means that releasing him on bail became an incentive to him to commit further crime with impunity. Balancing both the factors aforesaid, it is not in the interest of the society to release the Petitioner on bail, as such, his application is dismissed.
The observations made hereinabove are only for deciding the application and shall not mean any expression of opinion on the merits of the case.
The matter stands disposed of.