ANUJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking interim bail. It has been asserted that the petitioner was arrested for the commission of an offence punishable under Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the ND&PS Act') vide FIR No. 210 of 2023, dtd. 5/8/2023, registered at Police Station Baddi, District Solan, H.P. The petitioner is innocent and he was falsely implicated. The petitioner is suffering from a kidney stone. He was checked at IGMC, Shimla. A stent was inserted into his kidney. The stent is to be removed within 12 weeks and the petitioner requires medical care during this period. The petitioner is not required by the police for investigation and the investigation is complete. No offence is made out against the petitioner. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The petition was opposed by filing a status report, asserting that the Police searched the house of Mohinder based on the information and recovered 14500 tablets weighing 5133 grams of Tramadol Hydrochloride, 11400 tablets weighing 1413.6 grams of Alprazolam tablets, 600 tables of Alprazolam weighing 61.2 grams. The drugs were seized. The screenshot of the WhatsApp chat was taken into possession. Amit Kumar was arrested and as per the Whatsapp chat, the drugs were supplied by Anuj Sharma, the present petitioner. As per the report of analysis, the drugs were found to be Tramadol and Alprazolam.

(3.) I have heard Mr. Yashveer Singh Rathore, learned Counsel for the petitioner and Ms. Avni Kochhar, Deputy Advocate General for the respondent-State.