RAVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 439 Cr.PC, prayer has been made on behalf the petitioner namely Ravinder Kumar for grant of regular bail in case FIR No. 82/2021, dtd. 10/8/2021, under Ss. 20, 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act (in short "the Act") registered at Police Station Banjar, District Kullu, H.P.

(2.) Respondent-State has filed status report, perusal whereof reveals that on 10/8/2021, vehicle bearing No. HP01B-0830, being driven by co-accused Akshay Kumar, came to be stopped by police party for checking, apprehending that person sitting next to driver of the car may be possessing some suspicious substance, as such, police deemed it necessary to conduct his personal search as well as of vehicle and after having associated independent witnesses, allegedly, recovered 1.107 Kg of charas from the bag kept under the legs of present bail petitioner. Since, occupants of the car, as detailed hereinabove, failed to render plausible explanation qua possession of aforesaid commercial quantity of contraband, police after completion of necessary codal formalities, lodged FIR, as detailed hereinabove and since then, bail petitioner is behind bars, whereas co-accused Akshay Kumar, already stands enlarged on bail, vide order dtd. 25/10/2021, passed by this Court in Cr.MP(M) No. 1996 of 2021. Since, investigation in this case is complete and nothing remains to be recovered from the bail petitioner, prayer has been made on his behalf for grant of regular bail.

(3.) While fairly admitting factum with regard to filing of challan in the competent court of law, Mr. Arvind Sharma, learned Additional Advocate General, contends that though nothing remains to be recovered from the present bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, prayer having been made on his behalf for grant of bail deserves outright rejection. Mr. Sharma, further submits that it stands duly established on record that commercial quantity of charas came to be recovered from the bag kept under the legs of present bail petitioner, while he was travelling in car being driven by co-accused Akshay Kumar and as such, it cannot be claimed that he has been falsely implicated. Lastly, Mr. Sharma, contends that keeping in view the quantity of contraband, allegedly, recovered from the present bail petitioner, it cannot be said that the bail petitioner being a drug addict was carrying aforesaid quantity for his own consumption, rather presumption is that he indulges in illegal trade of narcotics and as such, his enlargement on bail, may not be in the larger interest of society.