ASHOK KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Bail petitioner, namely, Ashok Kumar, who is behind the bars for more than 2' years has approached this Court in the instant proceedings under Sec. 439 of Cr.P.C. for grant of regular bail, in case FIR No. 145 of 2020, dtd. 18/9/2020, under Ss. 21,29 of the Narcotic Drugs and Psychotropic Substances Act( for short 'Act').

(2.) In terms of order dtd. 11/5/2023, respondent-State has filed the status report and Mr. Maan Dass, ASI, Police Station, Paonta Sahib, District Sirmaur, Himachal Pradesh has come present along with the record. Record perused and returned to the said officer. Close scrutiny of the record/status report reveals that on 18/9/2020 police after having received a secret/telephonic information that Karamjeet son of Shri Harmail Singh resident of village Badripur, Paonta Sahib indulges in illegal trade of narcotics and he has sent present bail petitioner, Ashok Kumar, to Haryana for bringing contraband on his motorcycle bearing registration No.HP-17A-8677 TVS, constituted a team and stopped the aforesaid motorcycle at Behraal Barrier and recovered 1800 capsules of 'PYN SPA Plus' containing prohibited drugs. Since, no plausible explanation came to be rendered on record qua the possession of aforesaid prohibited contraband, police after completion of necessary codal formalities registered the FIR, as detailed hereinabove against the bail petitioner and since then, he is behind the bars. Since, investigation in the case is complete and nothing remains to be recovered from the petitioner coupled with the fact that till date evidence of prosecution has not yet commenced, the petitioner has approached this Court in the instant proceedings for grant of regular bail.

(3.) While fairly acknowledging the factum with regard to filing of challan in the competent Court of law, Mr. Rajan Kahol, learned Additional Advocate General states that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency. He further states that there is overwhelming evidence adduced on record that petitioner in connivance with co-accused Karmjeet Singh indulged in illegal trade of narcotics having adverse impact on the society, it may not be in the interest of justice to enlarge the bail petitioner on bail because in the event of his being enlarged on bail, he may not only flee from justice, rather may again indulge in such kind of activities. He further states that since Court has already fixed the matter for recording the statements of prosecution witnesses on 27/7/2023, the petitioner cannot claim bail on the ground of inordinate delay in conclusion of trial.