RINKU Vs. STATE OF H.P

JUDGEMENT

(1.) By way of these two petitions filed under Sec. 439 of the Code of Criminal Procedure, the petitioners have prayed for grant of bail in FIR No. 15/2023, dtd. 8/2/2023, registered under Ss. 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') at Police Station, Chirgaon, District Shimla, H.P.

(2.) The case of the prosecution is that heroin weighing 26.39 grams was recovered in the course of search of the residential premises of accused Sham Lal by a Police Party of Police Station Chirgaon on the night of 7/2/2023. Thereafter, the petitioners were arrested and they are in custody since then. Learned counsel for the petitioners has submitted that the petitioners are innocent and they have been falsely implicated in the case. He has further submitted that the petitioners have no criminal history of being earlier found indulging in offences relatable to the provisions of the NDPS Act. He further submitted that one of the petitioners is 60 years old, i.e. Sham Lal and the other one is about 37 years old. He further submitted that both the petitioners are local residents of Chirgaon and in the event of their being released on bail, they will abide by all the conditions that may be imposed upon them and taking into consideration the fact that the alleged recovery is of intermediate quantity, the present petitions be allowed and the petitioners be released on bail.

(3.) The petitions are opposed by the learned Additional Advocate General, on the ground that as the allegations against the petitioners is of having violated the provisions of the NDPS Act, therefore, it will not be in the interest of justice to release them on bail. Learned Additional Advocate General has drawn the attention of the Court to order dtd. 27/2/2023, passed by the Court of learned Sessions Judge, Shimla, H.P., in terms whereof, similar applications filed by the petitioners were dismissed by the learned Court below. He has further submitted that as the petitioners have been found indulging in the sale etc. of heroin and further taking into consideration the fact that the investigation is at its initial stage, release of the petitioners at this stage would hamper the investigation and, therefore, the petitions be dismissed.