SUNNY KASHYAP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER is an accused in FIR No. 235 of 2013, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, on 21.11.2013, in Police Station, West Shimla against him and his co -accused Pradeep Kumar. He has been arrested on 21.11.2013 itself and after his interrogation in police custody has since been lodged in judicial custody. Undisputedly, in the case of co -accused, similarly situated, a Co -ordinate Bench of this Court has granted bail in CRMP(M) No. 11814 of 2013, titled as Pradeep Kumar versus State of H.P., decided on 13.12.2013.

(2.) THE allegations, as disclosed from the record, are that on 21.11.2013, around 8.45 p.m. at Totu Chowk near Power -House, he was found to be one of the occupants of vehicle bearing registration No. HP -52 -A -4199 parked there and also owner of the same. The police -party headed by Head Constable Manoj Kumar of Police Station, West Shimla, when conducted the search of the vehicle recovered poppy straw weighing 12.5 kilograms, kept therein at legs space between the front and rear seat. They were asked to produce licence or permit, if any, with them for carrying the same, however, when failed to produce, the case was registered against them and subsequently arrested.

(3.) THE present is a case where quantity of poppy straw allegedly recovered from the accused -petitioner and his co -accused is above the smaller quantity, of course lessen than the commercial quantity. In the event of ultimately he is convicted, there is a provision of maximum sentence upto ten years imprisonment and also fine which may extend to Rs. 1 lac. The offence, therefore, the accused -petitioner allegedly committed, no doubt, is heinous in nature, however, the fact remains that he is now no more required for the purpose of interrogation. At the time of consideration of an application of this nature the only thing which weighs in the mind of the Court is that in the event of admitting an accused on bail, he will be available for the purpose of trial.