The court's decision was influenced by the quantity of the recovered substance and the absence of evidence indicating a risk of fleeing from justice or tampering with prosecution evidence.

JUDGMENT

Sureshwar Thakur, J. - The instant petition has been instituted by the bail applicant under Section 439 Cr.P.C, for his being ordered to be released from judicial custody, wherein he is extantly lodged, for his allegedly committing offences punishable, under, Section 21-61-85 of NDPS Act, registered in case FIR No. 211/18 of 7.8.2018 with Police Station, Indora, District Kangra, H.P.

2. The investigating Officer, is, present in Court, and, has disclosed, that, Heroin carrying a weight of 5.74 grams, hence, standing allegedly recovered from the conscious and exclusive possession, of, the bail applicant. The afore quantity of Heroin recovered, from, the purported conscious and exclusive possession of the bail applicant, renders it to fall, within, the category, of less than commercial quantity thereof, and, thereupon, the rigor(s) of statutory provisions of Section 37 of the NDPS Act, are not applicable thereon, whereupon, this Court proceeds to accord the indulgence of bail qua the bail applicant.

3. Moreover, when at this stage, no material, has been placed on record, by the prosecution, demonstrating that in the event of bail being granted to the bail applicant, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, thereupon this Court is constrained to afford, the facility of bail in favour of the bail applicant.

4. Accordingly, the bail applicant is ordered to be released from judicial custody, subject to compliance by him with the following conditions:

1. That he shall furnish personal bond in the sum of Rs.1,00,000/ with one surety in the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kangra.

2. That he shall join the investigation, as and when required by the Investigating agency.

3. That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police.

4. That he shall not leave India without the prior permission of the Court.

5. That he shall deposit his passport, if any, with the Police Station, concerned.

6. That in case of violation of any of the conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody.

5. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.

Copy dasti.