ARUN GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present petition for grant of regular bail has been filed by the petitioner in relation to FIR No.291/2021, dtd. 30/10/2021, registered under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') at Police Station Nurpur, District Kangra.

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

(3.) Learned counsel for the petitioner submitted that the contraband allegedly recovered from the petitioner is marginally higher than the small quantity. Rigors of Sec. 37 of the NDPS Act are not attracted. Investigation in the matter is complete, therefore, the petitioner deserves to be enlarged on bail at this stage. Learned counsel further submitted that in case of his enlargement on bail, the petitioner will not influence the prosecution witnesses or tamper the prosecution evidence and will abide by all the terms and conditions, which may be imposed upon him by this Court. Resisting the bail petition, learned Additional Advocate General submitted that the bail petitioner is a habitual offender. Previously also, FIR No.292 of 2018, dtd. 1/10/2018, involving 5.82 grams of heroin, was registered against him under Sec. 21 of the NDPS Act in Police Station Nurpur. Another FIR No.26 of 2020, dtd. 1/9/2020, involving 6.38 grams of heroin, was also registered against him under Sec. 21 of the NDPS Act in Police Station Nurpur. In the facts and circumstances of the case, he does not deserve to be enlarged on bail at this stage.