KISHORI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking interim bail. It has been asserted that the petitioner was arrested by the police of Police Station Sarkaghat in FIR No. 159 of 2023 dtd. 31/8/2023 registered for the commission of offences punishable under Ss. 18, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') at Police Station, Sarkaghat, District Mandi, H.P. The police filed a charge sheet on 16/11/2023. The charges were framed on 8/1/2023. The wife of the petitioner is suffering from LBA with Radiculopathy and is under treatment at Civil Hospital, Padhar, District Mandi, H.P. The Doctor advised her to have an Orthopedic and Neurology consultation and complete bed rest. She could not take the treatment without the petitioner's help. She was brought to the Civil Hospital, Padhar on 12/2/2024, where she was again advised consultation from Multi Speciality Hospital. She was referred to IGMC, Shimla on 9/3/2024. The petitioner is the sole bread earner of the family and it is difficult for the petitioner's wife to take treatment without the petitioner's help. The petitioner has two minor daughters and one minor son, who cannot take their mother to the hospital. The presence of the petitioner is required to take his wife to IGMC, Shimla. The petitioner is behind bars for six months and no useful purpose would be served by detaining him in custody. He would abide by all the terms and conditions, which may be imposed by the Court. Hence, the present petition seeking interim bail.

(2.) The petition is opposed by filing a status report asserting that the Police party was on patrolling duty on 31/8/2023 when a secret information was received at 11:30 am that Charas was being transported in a maxi cab. The police completed the formalities and set up a nakka after associating independent witnesses. The police intercepted the vehicle at about 12:10 pm. Pawan Kumar and Kishori Lal were found present in the vehicle. The police searched the vehicle and recovered 3.406 kilograms of charas and 106 grams of opium. The police seized the vehicle, its documents, charas and opium. The police also arrested the occupants of the vehicle. These were sent to FSL for analysis and as per the report, the exhibit stated as charas was an extract of cannabis and a sample of charas, which contained 34.24% w/w raisin in it and the exhibit stated as opium was a sample of opium which contained 3.24% w/w morphine in it. The police conducted the investigation and prepared the challan against the petitioner/accused. The wife of the petitioner was ill. She was referred to IGMC, Shimla, however, there was no one to accompany her. There is no other person in the family, who could accompany her to the hospital. The petitioner was also involved in the commission of a similar offence and FIR No.24 of 2014 dtd. 27/2/2014 for the commission of offences punishable under Ss. 20 and 29 of the NDPS Act was registered against him in Police Station, Jogindernagar.

(3.) I have heard Mr. Rakesh Kumar Chaudhary, learned counsel for the petitioner and Mr. Lokender Kutlehria, learned Additional Advocate General, for the respondent/State.