KHEM RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has approached this Court seeking regular bail under Sec. 439 Code of Criminal Procedure (in short 'Cr.P.C.'), in case FIR No.24 of 2021, dtd. 21/4/2021, registered in Police Station Arki, District Solan, H.P., under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act' in short).

(2.) Status report stands filed, wherein it is stated that on 21/4/2021 at about 7.00 p.m., Patrolling Party of the police on the road Shalaghat to Neri, near Khajlaghati, had noticed petitioner Khem Raj and co-accused Anil Kumar sitting in the bushes and on noticing police vehicle, co-accused Anil Kumar, had thrown a sachet in the downward direction, arising suspicion, whereupon both of them were apprehended by the police. In presence of a passerby, associated as independent witness, two syringes full of blood alongwith sachet thrown by co-accused Anil Kumar, were recovered and seized from the spot and the material in sachet was found to be heroin which on weighing, with cover, was found 7.63 grams. Thereafter, on completing formalities, petitioner Khem Raj and co-accused Anil Kumar were arrested.

(3.) As per status report, during interrogation and inquiry accused have disclosed that they are habitual of consuming heroin/Chitta since last 3-4 years and they cannot live without it and, therefore, for self consumption they use to procure heroin/Chitta. Further that accused during intensive interrogation, have disclosed that both of them are good friends and since long they are addict of heroin/Chitta and in the area most of people know about it. It is also disclosed by co-accused Anil Kumar that some truck drivers identify him as an addict and finding him standing by the road they understand his need and provide him heroin on payment and thereafter, alongwith petitioner, he (Anil Kumar) used to consume it with syringe.