AJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition filed under Sec. 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 168 of 2022, dtd. 16/9/2022, registered at Police Station Indora, District Kangra, H.P. under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances, Act (hereinafter to be referred as ND&PS Act for short).

(2.) At the very outset, learned Senior Counsel appearing for the petitioner has submitted that a perusal of the status report though demonstrates that there are about five other cases registered against the petitioner under the ND&PS Act, but a perusal of the quantity involved therein would suggest that the petitioner might be an addict. Learned Senior Counsel submitted that this he is stating without prejudice to the stand of the petitioner before the learned Trial Court. He further submitted that in the interregnum, a fresh development has taken place as wife of the petitioner has been blessed with a baby and in these circumstances, it will be in the interest of justice, in case, some compassion is shown by the Court to the petitioner.

(3.) The petition is opposed on the ground that that the petitioner is a habitual offender and if released on bail, he might again indulge in the same and similar activities.