PRATAP SINGH 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. 35 of 2022, dtd. 21/3/2022 was registered against the petitioner in Police Station, Karsog, District Mandi, H.P. for the commission of offences punishable under Ss. 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'ND&PS' Act). The petitioner is a resident of Tehsil Karsog, District Mandi, H.P. He is a law-abiding citizen. A false complaint was filed against him with the allegations that he was found in possession of 7400 tablets of Tramadol each weighing 100 mg., Alprazolam tablets IP 0.50 mg., NENDIA 480 TABLETS 0.50 MG. Proxymed-spas Capsules and NRx 168 capsules in his shop at Village Bhanthal. The petitioner has no part in the commission of an offence and he was involved falsely. The family of the petitioner is facing a lot of hardship. The petitioner is a heart patient and he had suffered heart attacks twice. The Police took the medical file of the petitioner but they have misplaced the same. The petitioner is in urgent medical need. The investigation is complete and no recovery is to be effected from him. The petitioner had filed a bail application before the learned Special Judge-II, Mandi, Camp at Karsog which was dismissed as withdrawn on 5/7/2022. He filed a bail application [Cr.MP(M) No. 1777 of 2022] before this Court, which was withdrawn on 17/8/2022. The prosecution has cited 25 witnesses. Independent witnesses have turned hostile. The petitioner is ready and willing to abide by the terms and conditions, which may be imposed by the Court. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) A status report was submitted by the Police stating that the Police Party was on patrolling duty on 21/3/2022. Information was received at 7.15 PM that the petitioner was selling intoxicating drugs in his shop and in case of search, a huge quantity of drugs could be recovered. The information was reduced to writing. The search of the shop was conducted in the presence of witnesses. 7400 tablets of Tramadol prolonged-release tablets IP each weighing 100 mg., Alprazolam tablets IP 0.50 mg. and NENDIA 0.50 mg. 480 tablets each weighing 50 mg. Paracetamol, Dicyclomine Hydrochloride and Tramadol Hydrochloride Capsules (a total of 168 capsules) were recovered. The petitioner could not produce any licence/bill/document to possess the drugs. Hence, the police seized the drugs and arrested the petitioner. The inventory was certified by JMFC, Thunag. The investigation was conducted. The result from FSL has been received which mentions that TRAMNAM-100 SR is a sample of Tramadol Tablets, Proxymed Spas is a sample of Tramadol Capsules, and NENDIA-05 is a sample of Alprazolam tablets. The challan was prepared and presented before the Court on 30/3/2022. No other case has been registered against the petitioner. The prosecution has cited 28 witnesses, out of which witnesses at Serial No. 1, 3, 16 and 17 have been examined and witnesses at Serial No. 2, 4, 5, 6 and 7 have been summoned for 13/10/2023. Hence, it was prayed that the present petition be dismissed.

(3.) I have heard Mr. Raman Jamalta, learned Counsel for the petitioner and M/s Navlesh Verma, learned Additional Advocate General with R.P. Singh and Prashant Sen, learned Deputy Advocates General for the respondent-State.