KARTIK SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner-Kartik Sharma, who is behind the bars since 14.4.2021, has approached this Court by way of instant petition filed under S.439 CrPC, for grant of regular bail in FIR No. 76, dated 14.4.2021, under S.21 of the Narcotic Drugs and Psychotropic Drugs Act, registered at Police Station Boileauganj, District Shimla, Himachal Pradesh.

(2.) Pursuant to order dated 16.7.2021, respondent-State has filed status report, perusal whereof reveals that on 14.4.2021, police stopped one private bus bearing registration No. HP-62B-0829 for checking. Since person sitting on Seat No. 37, i.e. present petitioner was unable to disclose reason for traevlling in the bus from Solan to Shimla, police deemed it necessary to cause search of his person as well as bag carried by him. Allegedly, the police in the presence of independent witnesses checked the bag being carried by the bail petitioner and recovered 11.21 gram chitta/heroin alongwith one spoon and syringe. Petitioner disclosed to the police that he is a drug addict and as such, he has bought aforesaid quantity of contraband from some auto driver in Chandigarh but he was unable to disclose the number of the auto rikshaw. In the aforesaid background, FIR detailed herein came to be lodged against the present bail petitioner and since then he is behind the bars. Since challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner, he has approached this Court by way of instant proceedings, for grant of regular bail.

(3.) Mr. Sudhir Bhatnagar, learned Additional Advocate General, while fairly admitting the factum with regard to filing of challan in the court of law, submits that though nothing remains to be recovered from the bail petitioner but keeping in view the past antecedents/credentials of the accused, he does not deserve any leniency, as such, his prayer for grant of bail deserves outright rejection. He further contends that on 16.3.2021, small quantity of heroin came to be recovered from the bail petitioner and challan stands filed in the competent court of law but yet the bail petitioner has not mended his ways and has again indulged in similar illegal activities and as such, he does not deserve to be enlarged on bail.