MOHIT SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) By means of present petition, regular bail has been sought by the petitioner in respect of FIR No.149/21, dtd. 5/12/2021, under Sec. 21 of Narcotic Drugs and Psychotropic Substances Act (hereinafter called 'Act'), registered in Police Station Barotiwala, District Solan, H.P.

(2.) The prosecution case as projected in the status report is that on 5/12/2021, a police party on patrolling duty received a secret information that the petitioner was selling heroin near petrol pump at Bhater/Barotiwala. The information was reliable. Therefore, Sec. 42 of the Act was complied with. Independent witnesses were associated by the police party. Search party reached the spot in question and noticed the bail petitioner holding a carry bag. On seeing the police party, the petitioner starting moving swiftly. He was over powered by the police personnel. The bag carried by him was searched in accordance with law. 9.45 grams of heroin was recovered from the bag held by the petitioner. The recovery of the contraband led to registration of the FIR and arrest of the petitioner on 5. 12.2021.

(3.) Learned counsel for the petitioner submitted that the police has completed the entire investigation. Further custody of the petitioner is not warranted. The petitioner is permanent resident of Village Bater, Post Office Barotiwala, District Solan, H.P., therefore, there is no likelihood of his absconding. That the petitioner will abide by the terms and conditions which may be imposed by upon him in case of grant of bail. Per contra, learned Additional Advocate General submits that the petitioner does not deserve to be enlarged on bail as another FIR No.50/20, under Sec. 39(1) (a) of H.P. Excise Act was also registered against him. In view of the criminal history of the petitioner, probability of his indulging in similar offences cannot be ruled out.