JAI PRAKASH 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. 129 of 2022, dtd. 3/9/2022 was registered against the petitioner in Police Station Sadar, Shimla, District Shimla, H.P. for the commission of an offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act (for short 'ND&PS' Act). As per the prosecution story, the search of the house of the petitioner was conducted after the receipt of secret information on 3/9/2022, at about 2.55 PM and 62.37 grams of heroin was recovered during the search. The petitioner was arrested on 3/9/2022 and he is in judicial custody since then. The challan has been presented before the Court and is pending adjudication before the learned Special Judge-I, Shimla. The prosecution has cited 26 witnesses out of whom only three witnesses have been examined. The quantity of heroin stated to have been recovered from the possession of the petitioner is 62.37 grams which falls in intermediate quantity and rigours of Sec. 37 of the ND&PS Act are not attracted to the present case. The petitioner filed a bail application which was dismissed by learned Special Judge-I, Shimla 14/11/2022. The petitioner is innocent and belongs to a respectable family. The investigation is complete and no useful purpose would be served by detaining the petitioner in judicial custody. The petitioner will abide by all the terms and conditions, which may be imposed by the Court. The petitioner is a permanent resident of the address furnished in the petition and there is no likelihood of his absconding. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The status report filed on behalf of the respondent-State reveals that the Police party was on patrolling duty on 3/9/2022 when it received secret information that the petitioner was selling heroin from his home and in case of search, a huge quantity of heroin could be recovered. The Police reduced the information to writing and sent it to the superior officers. The Police reached the house of the petitioner with independent witnesses and searched the house. The Police recovered 62.37 grams of heroin during the search along with a weighing machine and two lighters. The petitioner was arrested, his blood sample was taken and sent for chemical analysis. As per the interrogation, the petitioner is a drug addicted and he had purchased the heroin from some person called Rake at a discount. The Police searched for Rake but could not trace him. An FIR No.12/22, dtd. 15/1/2022 for the commission of offences punishable under Ss. 21, 27 and 29 of the ND&PS Act has been registered against the petitioner in Police Station Laldu, District Mohali. The result of the chemical analysis confirmed the substance recovered to be heroin. The blood sample also contained traces of oxycodone tramadol and six mono acetyl morphine. The petitioner is involved in the commission of a serious offence and, he can indulge in the commission of similar offences, in case of his release on bail; hence it was prayed that the present petition be dismissed.

(3.) An application under Sec. 482 of the Code of Criminal Procedure was filed during the pendency of the present petition to place on record the copy of the order vide which earlier bail petition filed by the petitioner bearing Cr.MP(M) No. 102 of 2023, titled Jai Prakash versus State of H.P., was ordered to be dismissed on 17/3/2023.