GULAB SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Code of Criminal Procedure for releasing the Petitioner on bail in FIR No. 43/2011 dated 29.04.2011, registered at Police Station, Kotkhai, under Sections 18, 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, ( for short 'Act ') and Section 61 of the Punjab Excise Act as applicable to the State of Himachal Pradesh. The status report filed, perused.

(2.) IT has been stated in the application that as per prosecution on 29.04.2011, secret information was received at about 12.30 p.m. that the Petitioner was carrying on illicit trade of liquor. On this, ASI Daulat Ram and Ors. raided the house and kitchen of the Petitioner and recovered one box containing 12 bottles of I.M.F.L. from the house of the Petitioner. On search of the kitchen, a packet containing 150 grams 'Charas ' and 200 grams opium was also recovered.

(3.) THE bail application has been opposed by the learned Additional Advocate General. She has submitted that in the past several cases were registered against the Petitioner. In the present case also, huge quantity of illicit liquor has been recovered from the Petitioner along with 'Charas ' and opium. She has stated that as per Medical Board, Petitioner does not require hospitalization for his disease. She has prayed for dismissal of the bail application.