Sonu, who is in custody under Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), w.e.f. 29.11.2019 for possessing 18.44 grams of heroin (Deacetyl morphine), has now come up before High Court under Section 439 of CrPC, seeking bail, on the grounds that the quantity of contraband allegedly seized is intermediate quantity and does not restrict bail, because the quantity greater than 250 grams of heroin (Deacetyl morphine), falls in the category of the commercial quantity; hence the restrictions for bail imposed in S. 37 of NDPS Act, do not apply, and in the present case he is in custody for a considerable time. What does the Court do?

Sonu Kumar v. State of Himachal Pradesh

Case No : Cr. MP (M) No. 264 of 2021

Bench : Anoop Chitkara

Citation : 2021 Indlaw HP 196

Link: https://drive.google.com/file/d/1Q-5-HLnI8YB-MFMBrRHpN-Yx5pv92rfO/view?usp=sharing

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