LAWS(HPH)-2022-1-62

GURDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On January 06, 2022
GURDEEP SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of this petition filed under Sec. 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 189 of 2021, dtd. 9/8/2021, registered at Police Station Haroli, District Una, H.P. under Ss. 20, 61-85 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter to be referred as the 'NDPS Act' for short).

(2.) Mr. N.K. Thakur, learned Senior Counsel appearing for the petitioner has argued that the petitioner is innocent and he has been falsely implicated in the case. He has further submitted that the petitioner is 28 years old boy, who is the only person to look after his aged parents, and further, even if the version of the prosecution is to be believed, then also the alleged recovery from the petitioner is of 7.85 grams of heroin, which is an intermediate quantity. He has further submitted that in case the petitioner is ordered to be released on bail, he shall abide by all such terms and conditions as may be imposed upon him.

(3.) Opposing the bail petition, Mr. Sumesh Raj, learned Additional Advocate General has submitted that the petitioner is a habitual offender as earlier also he was booked for commission of offence under the provisions of ND& PS Act, and in these circumstances, it will not be in the interest of justice in case this application is allowed and the petitioner is ordered to be released on bail and taking into consideration the gravity of the offence alleged against the petitioner, the petition deserves dismissal.