SURAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that FIR No.87/2023 was registered against the petitioner at Police Station Dharampur, District Solan, H.P. for the commission of offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') on 31/7/2023. The petitioner was arrested based on suspicion. His name was disclosed by other co-accused. No recovery was effected from the petitioner. The petitioner is ayoung person of 21 years and his family members are dependent upon him. The petitioner has been in custody since 13/9/2023 and no useful purpose would be served by detaining him in custody. The petitioner would abide by all the terms and conditions, which may be imposed by the Court. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The State filed a status report, which is highly illegible but what can be deciphered from the same is that the police searched a vehicle bearing registration no.HP-63A-5557 in the presence of independent witnesses based on suspicion. The police recovered 16.01 grams of heroin from the vehicle. Vipul, Yashpal, Paramjeet and Anmol were found in the vehicle. The police also arrested them. Paramjeet disclosed on enquiry that he had purchased the heroin from Nabi. He was arrested on 31/8/2023. Nabi alias Navneet Singh disclosed that he had purchased the heroin from Suraj-the present petitioner. The police arrested the petitioner. He disclosed that he had purchased the heroin from Akashdeep. The police also arrested Akashdeep. The offence punishable under Sec. 29 of the NDPS Act was duly established against Nabi, Suraj and Akashdeep. The challan was presented before the Court on 26/9/2023. An FIR No.103/2019 has been registered against the petitioner for the commission of offences punishable under Ss. 392 and 397 of IPC at Police Station Dugri, District Ludhiana.

(3.) I have heard Ms. Deeksha Thakur, learned counsel for the petitioner and Mr.Prashant Sen, learned Deputy Advocate General for the respondent State.