PARIDUTT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 439 Cr.P.C, prayer has been made on behalf of the petitioner namely, Paridutt @ Pari for grant of regular bail in case FIR No. 148 of 2023, dtd. 25/10/2023, under Ss. 20 and 29 of the ND and PS Act (hereinafter to be referred to as 'Act'), registered at PS Nadaun, District Hamirpur, H.P.

(2.) Respondent-State has filed the status report, perusal whereof reveals that on 25/10/2023 police after having received secret information that co-accused Bachan Singh indulges in illegal trade of Narcotics laid a nakka near link road village Khoar and at about 05:30 a.m. stopped car having registration No. HP-22C-7473 being driven by co-accused namely Ashok Kumar. Since both the accused named hereinabove sitting in the car at the relevant time started making excuses, police after having associated independent witnesses conducted search of the car as well as person of the co-accused and allegedly recovered two carry bags kept in the car containing 663 grams charas and 828 grams charas, in total 1491. Since, no plausible explanation ever came to be rendered on record qua the possession of aforesaid quantity of contraband, police after completion of necessary codal formalities, lodged the FIR, as detailed hereinabove, against both the accused and since then they are behind the bars. Since during investigation, petitioner allegedly disclosed to the police that contraband recovered by them was purchased by them from present bail petitioner for a sum of Rs.80,000.00, investigating agency after having collected evidence in the shape of call detail report, arrested the bail petitioner on 28/10/2023 and since then, he is also behind the bars. Since, investigation in the case at hand is complete and nothing remains to be recovered from the bail petitioner, he has approached this Court in the instant proceedings, praying therein for grant of regular bail.

(3.) Mr. B.C.Verma, learned Additional Advocate General, while fairly admitting factum with regard to filing of the challan in the competent court of law, states that though nothing remains to be recovered from the bail petitioner, but keeping in the gravity of offence alleged to have been committed by him, he does not deserve any leniency. Mr. Verma, further states there is overwhelming evidence adduced on record suggestive of the fact that bail petitioner is a drug peddler and he had been indulging in these activities in past also. While referring to the call detail report, Mr. Verma, states that on the date of alleged incident bail petitioner herein telephonically contacted co-accused for eleven times and as such, it cannot be said that he has been falsely implicated. He states that in the event of bail petitioner enlarged on bail, he may not only flee from the justice, but may again indulging in these activities and as such, his plea of grant of bail may be rejected.