SHYAM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No. 03 of 2022, dtd. 4/1/2022, at Police Station, Majra, Tehsil Paonta Sahib, District Sirmaur, H.P. under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"). Petitioner is in custody since 5/1/2022.

(2.) Petitioner has approached this Court for grant of bail under Sec. 439 Cr.P.C., in the above noted case. It has been contended on behalf of petitioner that petitioner has been falsely implicated and no contraband has been recovered from his conscious possession. Petitioner is permanent resident of Village Chandpur Kothri Bayas, Tehsil Paonta Sahib, District Sirmaur, H.P. His pre-trial incarceration shall serve no useful purpose. He undertakes not to tamper with prosecution evidence and is ready and willing to abide by all the conditions, as may be imposed against him.

(3.) In response, the status report has been filed on behalf of the respondent. It has been stated that on 4/1/2022, a police party, on secret information, searched the dwelling house of petitioner after complying with Sec. 42 of the NDPS Act and also by associating two independent witnesses. On search of the house, 133 grams. of 'Charas' was recovered. However, nothing was recovered on personal search of the petitioner. The bail application has been opposed on the ground that petitioner is involved in trade of dispensing drugs to adolescents. Petitioner on being released on bail, may again indulge in similar activity and may win-over the witnesses by making threats, inducements to them.