Vivek Singh Thakur, J.

Present petition has been filed seeking regular bail under Section 439 Cr.P.C. in case FIR No. 27/16, dated 24.3.2016 under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as NDPS Act in short) registered at Police Station Parwanoo, District H.P.. The petitioner is in custody since 24.3.2016 for alleged recovery of 2.689 kilograms charas from his conscious possession in Room No. 101, in Hotel Paradise, Sector-3, Parwanoo at 11:43 A.M. on 24.3.2016.

2. Prosecution case in brief is that on 24.3.2016 at about 11:30 A.M. Inspector Minakshi, SHO, Police Station Parwanoo had received information on her mobile phone that a person, namely, Sandeep Kumar involved in business of narcotic drugs, is staying in room No. 101 of Hotel Paradise, Sector-3, Parwanoo. Informant had also given identity of the person along with further details of his wearing and tattoos on his hand. The information was reliable and therefore, reasons to believe were reduced into writing under Section 42(2) of NDPS Act. As there was possibility of disappearance of the accused as well the contraband during the process of obtaining search warrant on account of distance from the Court, therefore, information was sent to SDPO Parwanoo and in the meanwhile, SHO Meenakshi Shah along with Police party raided the hotel Paradise and before searching room No.101, she had associated Ankit Sharma, Hotel Service Boy and Arvind Jetily owner of the hotel by joining them in the raiding party.

3. On the basis of information, room No 101 was knocked and on opening of the door, four persons, consuming liquor were found there and the person having appearance and wearing in consonance with the information received, was also there, who on inquiry had disclosed his name and address as familiar to identity of petitioner. Other three persons, namely, Ravinder Kumar, Ajay Kumar and Ved Parkash were also present there. Personal search of these three persons were conducted after complying with Section 50 of the NDPS Act, but nothing incriminatory was found from their person.

4. Petitioner Sandeep Kumar was sitting on double bed and one yellow-pink bag with logo AG Basmoti rice having zip to close it was also with him. On searching this bag, one small pink purse bearing logo of Bansal Jeweler was found in it, but no illicit article was found therein. However, in another bag, black sticks of some material were found, which after smelling, were identified as charas. The said contraband was weighed in the electronic balance brought with investigating kit and it was found to be 2.689 kilograms. The same was seized vide memo of seizure. Other investigating formalities including filling up of NCB forms in triplicate and sealing the recovered contraband were completed and thereafter accused persons were arrested. Since then they are in custody.

5. Plea for granting bail to the petitioner has been canvassed on the ground that even if prosecution story is believed in toto, then also contraband alleged to have been recovered from the petitioner, at the best, applying ratio of law laid down by the Apex Court in E. Michalraj Vs Intelligence Officer, Narcotic Central Bureau, (2008) 5 SCC 161, is a small quantity, as according to the chemical analysis report of State Forensic Science Laboratory, quantity of purified resin in the alleged recovered charas has been found to be 21.31% w/w, meaning thereby that alleged recovered charas is about 574 grams and therefore, rigors of Section 37 are not applicable in the present case.

6. Learned counsel for the petitioner has also relied upon the judgment rendered by co-ordinate Bench of this High Court in Cr.M.P.(M) No. 1505 of 2018 titled Sewak Ram Vs. State of H.P. decided on 22.11.2018, Cr.M.P. (M) No. 1267 of 2018 titled Surender Vs. State of H.P. decided on 5.11.2018, Cr.M.P. (M) No. 667 of 2018 titled as Suresh Kumar @ Shivam Sharma Vs. State of H.P. decided on 20.6.2018, Cr.M.P.(M)