Releasing The Person Will Give Wrong Signal To Society: Himachal Pradesh HC Refuses Bail To Man Allegedly Caught With 1 Kg Charas
The Himachal Pradesh High Court has refused to grant bail to a man who was allegedly caught with 1 kg 184 grams charas.
The bench of Justice Virender Singh observed that releasing a person involved in such crime will give wrong signal to society.
"While deciding the question of bail, it is the duty of the Court to maintain a delicate balance between individual liberty and larger interest of the society."
"Releasing a person involved in such a crime, will give a wrong signal to the society that the person, after being arrested, in such a crime, is still moving freely in the society.", the Court observed while dismissing the bail application.
As per the status report filed by the police, certain police officers were checking the vehicles passing through a forest barrier. Meanwhile, the vehicle driven by the accused came there which was signaled to stop.
When search of the vehicle was conducted, a blue-colored polythene bag was found. When the said polythene was opened, a stick-shaped black substance was found.
The said substance, on the basis of smelling and experience was found to be charas. On weighing, the said charas was found to be 1 kg 184 grams.
Other codal formalities were completed and the contraband so recovered was taken into possession and the accused was arrested.
Advocate Surender Kumar appeared for the applicant-accused whereas Deputy Advocate General JS Guleria appeared for the State.
The Court observed that there was nothing on record, from which, it can be inferred, that any condition, as enumerated, in Section 37 of the NDPS Act, exists, in favor of the bail applicant.
Considering that, the Court noted that there is no ground to pass any order in favor of the bail applicant.
Consequently, the bail application was dismissed.
Cause Title- Ramjaan v. State of Himachal Pradesh
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