HAPPY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that an FIR No. 62 of 2022, dtd. 24/4/2022 was registered at Police Station Banjar, District Kullu, H.P against the petitioner for the commission of an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). The petitioner was falsely implicated. The petitioner has no concern with the commission of the offence. The prosecution has citied sixteen witnesses and only five witnesses remain to be examined. The petitioner is behind the bars from the last 17 months and 14 days as on the date of the filing of petition. Two samples weighing 25 grams each were sent for chemical examination and entire bulk was not sent. The petitioner would be liable for the commission of offence for possessing 15 grams of Charas, which is a small quantity. The petitioner is permanent resident of Kullu and there is no possibility of his escaping from justice. He would abide by the terms and conditions which may be imposed by the Court. The petitioner has filed a bail petition bearing Cr.MP(M) No.2630 of 2023 earlier, which was dismissed by this Court on 1/12/2023. The Court held that copies of order-sheets were not annexed and the judgments relied upon by the petitioner not apply to the present case. The petitioner has annexed the copies of order sheets and the judgment of this Court to show that the cited judgment applies to the present case. Hence, 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 party was on patrolling duty and saw the petitioner with a backpack. He turned after seeing the police party. The police apprehend petitioner and searched his backpack in the presence of witnesses and recovered 1.182 kgs of Charas from his possession. The petitioner was arrested and as per the result of the chemical analysis, the substance so recovered from him was found to be Charas containing 33.46% w/w of resin in it. Eight witnesses have been examined and the matter is now listed for the examination of remaining prosecution witnesses on 17/6/2024. Hence, the status report.

(3.) I have heard Mr. Maan Singh, learned counsel for the petitioner and Mr. Baldev Singh Negi, learned Additional Advocate General, for the respondent/State.