LAWS(HPH)-2020-12-34

RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On December 18, 2020
RAJ KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) This petition has been preferred for enlarging the petitioner on bail in case FIR No. 128 of 2020 dated 3.9.2020 registered in Police Station Damtal, District Kangra HP, under Sections 21, 22 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act')

(2.) Status report stands filed, wherein it is stated that on the basis of reliable information, house of petitioner was searched and during that search, petitioner had skipped from the back door of house and had run away. Despite efforts, he could not be chased. During search, 1500 capsules of Tramadol were recovered from the container of rice kept in kitchen of house of petitioner and since then, petitioner was absconding and had approached this Court on 13.11.2020 on which date, interim bail was granted to him. Thereafter, petitioner has joined the investigation on 15th November, 2020, however, his custodial interrogation has been prayed to interrogate him in the matter to elucidate further information.

(3.) It is also stated in status report that earlier also, case FIR No. 249 of 2003, dated 29.11.2003 under Sections 452, 324, 323 and 342 IPC; FIR No. 18 of 2017 dated 5.1.2017 under Section 21 of NDPS Act ; and FIR No. 213 of 2017 dated 6.7.2017 under Section 21 of NDPS Act were registered in Police Station Nurpur and a case FIR No. 125 of 2019 dated 4.10.2019 under Section 21 of NDPS Act was registered in Police Station Damtal against the petitioner/accused. In this year also, in the month of July, 2020, FIR No. 93 of 2020 under Sections 21 and 29 of NDPS Act has been registered against petitioner in Police Station Damtal wherein 36.62 grams heroine was allegedly recovered from him.