SUMIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case FIR No. 349 of 2021, dtd. 17/12/2021, registered at Police Station Sadar, Kullu, District Kullu, H.P. under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act).

(2.) Petitioner was apprehended by the police on 17/12/2021 at about 7.40 P.M. near Kasol (Goz) Mashroom Café on Manikaran road within the jurisdiction of Police Station Sadar, Kullu. On noticing police, petitioner allegedly took out a packet from the pocket of his trouser and threw the same on the road. The packet so thrown by petitioner was checked, which was transparent polythene packet containing 20 LSD papers, which after weighing were found to be 0.21gm. The petitioner was arrested. The papers recovered and seized from the petitioner were sent for analysis to SFSL, Junga. The Laboratory report described the papers as LSD papers being sample of Lysergide (LSD). The weight of the LSD including the papers constituted commercial quantity. After investigation, the challan has been presented and the trial is pending before the learned Special Judge, Kullu.

(3.) Petitioner has submitted that even as per the case of prosecution, no recovery was made from his conscious possession. The petitioner was arrested merely on assumptions and is in custody since 17/12/2021. The petitioner is only 22 years of age and his prolonged incarceration shall be prejudicial to his career.