SADDAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking the regular bail. It has been asserted that the petitioner was arrested by the police for the commission of offences punishable under Ss. 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), registered vide F.I.R. No. 124/23, dtd. 7/9/2023 in Police Station Nahan, District Sirmour, H.P.

(2.) It has been asserted that as per the prosecution case, 576 capsules of PARVION SPAS+ were recovered from the possession of the petitioner, whose weight was 221.76 grams except for the weight of the shell. The petitioner has been in custody since 7/9/2023. He is a permanent resident of the District Yamunanagar (Haryana) and there is no chance of his absconding. The petitioner applied for grant of regular bail before the learned Special Judge-II, Sirmour District at Nahan, H.P. but his application was dismissed. The petitioner has been falsely implicated and his pre-trial incarceration will not serve any fruitful purpose. The petitioner will abide by all the terms and conditions, which may be imposed by the Court while releasing him on bail. Therefore, it was prayed that the petition be allowed and the petitioner be released on bail.

(3.) The petition was opposed by filing a status report, asserting that a police party was checking the vehicles on 7/9/2023. The police signalled a motorcyclist to stop it, but he tried to speed away from the spot. He was apprehended by the police. He revealed his name Saddam (present petitioner). The police party searched the carry bag being carried on the handle of the motorcycle in the presence of witnesses and found 576 Capsules of PARVION SPAS+ containing TRAMADOL. The petitioner could not produce any licence or permit to possess the aforesaid Capsules. The Capsules were seized and the petitioner was arrested. One person Navez was also found to be involved in the commission of the offence. The police searched for him but could not find him. The result of the FSL has been received, which shows that the capsules of PARVION SPAS+TARMADOL contained 269.568 grams. The petitioner can indulge in the commission of a similar offence in case he is released on bail. Therefore, it was prayed that the present petition be dismissed.