AYUSH RANTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No. 187 of 2021, dtd. 23/8/2021, at Police Station West, District Shimla, H.P. under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"). Petitioner is in custody since 23/8/2021.

(2.) Petitioner has approached this Court for grant of bail under Sec. 439 Cr.P.C., in the above noted case, on the grounds that he is only 19 years old and is a student of 12th standard. Petitioner shall appear in his exams to be conducted in March, 2022. The petitioner, if released on bail, shall abide by all the terms and conditions as may be imposed against him. He has undertaken not to tamper with prosecution evidence.

(3.) In response, the respondent has filed status report. It has been stated on behalf of the respondent that on 23/8/2021 on routine checking, the bus No.HP-64-6867 enroute from Chandigarh to Shimla was checking by the police. Petitioner was found sitting on seat No. 30 and had black jacket in his lap. On suspicion, a search was conducted and 9.05 grams. 'heroin' (Chitta) was recovered from the pocket of jacket held by petitioner. It has been stated that the petitioner is an addict and has remained in rehabilitation centre more than once. Petitioner is also stated to be an accused in cases registered vide FIR No. 97/2020 dtd. 20/4/2020 under Ss. 454 and 380 IPC and FIR No. 189/2020 dtd. 8/8/2020 under Ss. 454 and 380 IPC.