ANUJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No.78 of 2023, dtd. 17/8/2023, for the commission of offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') registered at Police Station Bangana, District Una H.P. The FIR was registered based on the suspicion and there is nothing to connect the petitioner with the commission of crime. The investigation is complete and the petitioner is not required for further investigation. The petitioner has been in custody since 17/8/2023 and the conclusion of the trial is likely to take some time. FIR no. 277 of 2017 dtd. 30/7/2017 for the commission of an offence punishable under Sec. 22 of the NDPS Act was registered in Police Station Zirakpur, Punjab. FIR No.51 of 2017 dtd. 10/2/2017 for the commission of an offence punishable under Sec. 20 of NDPS Act was registered in Police Station Chandigarh, FIR No. 67 of 2019 dtd. 30/6/2019 for the commission of offences punishable under Ss. 21 and 29 of NDPS Act and FIR No. 88 of 2021 dtd. 5/10/2021 for the commission of offences punishable under Ss. 21 and 29 of NDPS Act were registered in Police Station, Bangana against the petitioner. The petitioner is of tender age and in case of his continued detention, he would come in contact with hardened criminals; therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The police filed a status report asserting that the police party was on patrolling duty on 17/8/2023. A motorcycle came from Una side at about 1:35 pm. Two persons were riding the motorcycle. The motorcyclist tried to reverse the vehicle after seeing the police. The police went towards the motorcycle. The pillion rider of the motorcycle threw something towards the shop. The police stopped the motorcycle. Driver revealed his name as Pankaj Kumar and the pillion rider revealed his name as Anuj. The police checked the packet thrown by Anuj and found 7.15 grams of heroin in it. The police seized the heroin and motorcycle and arrested the driver and the pillion rider. The heroin was sent to FSL for analysis and as per the report 'The exhibit stated as heroin was a sample of Diacetyl Morphine'. FIR No.277 of 2012, FIR No. 51 of 2017, FIR No.67 of 2019 and FIR No. 88 of 2021 were registered against the petitioner. The police have presented a challan and the matter is listed on 27/6/2024.

(3.) I have heard Mr. Sanket Sankhyan, learned counsel for the petitioner/accused and Mr. Lokender Kutlehria, learned Additional Advocate General, for the respondent/State.