MAHESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is co-accused in FIR No.15/2021, dtd. 19/2/2021, registered at Police Station Gohar, District Mandi. Though the FIR has been registered under Ss. 20 and 29 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (in short NDPS Act), however, the petitioner has been charged therein for the offence under Sec. 29 of the NDPS Act. He is in custody w.e.f. 19/2/2021 and by means of the present petition filed under Sec. 439 of the Code of Criminal Procedure (Cr.P.C.), prays for release on regular bail.

(2.) The prosecution case as it comes out from the status report is that:-

(3.) A previous bail petition instituted by the petitioner, bearing Cr.MP(M) No.799 of 2021, was dismissed by this Court on 5/5/2021. The said bail petition was dismissed primarily on the ground that investigation in the matter was still going on at that time. A large quantity of cannabis measuring 7.190 kg was recovered in the FIR in question, thereby attracting the provisions of Sec. 37 of the NDPS Act. In terms of the status report filed by the respondent-State in the said bail petition, record was being investigated for further links. It was also submitted in the status report that in view of huge recovery of the contraband, financial investigation as per Sec. 68 of the NDPS Act was also underway. Therefore, it was observed in the order dtd. 5/5/2021 that the petitioner had failed to make out a case for grant of bail at that stage.