RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition seeking regular bail. It has been asserted that the petitioner was arrested for the commission of an offence punishable under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') registered vide FIR No.140 of 2023 dtd. 25/7/2023 at Police Station Barotiwala, District Solan. The petitioner had filed a bail petition, which was dismissed on 29/11/2023. The petitioner is filing the present bail application because of changed circumstances, as he is facing serious health issues in the judicial custody. The petitioner did not have the police challan previously and the present petition has been filed after the perusal of the charge sheet. As per the prosecution case, the petitioner was found in possession of 960 tablets of Lomotil weighing 60.48 grams and 720 capsules of Pyeevon Spas Plus weighing 473.76 grams. The petitioner had met with an accident and suffered multiple fractures. Rod was inserted in his leg, which requires immediate surgery. The petitioner requires constant medical attention, which is not possible in judicial custody. The petitioner is undergoing treatment in Government Hospital, Chandigarh in Sector 32. The petitioner is a handicapped person and is suffering from a locomotor disability. The petitioner has no concern with the recovered contraband. The wife and daughters of the petitioner are dependent upon him. The link evidence is missing. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence, the petition.

(2.) The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 25/7/2023 when they received a secret information at 2:30 pm that the accused Rajesh Kumar had kept the drugs in his shop. The police completed the formalities and searched the shop of the accused in the presence of independent witnesses. The accused was found present in the shop.

(3.) I have heard Mr. Suneel Awasthi, learned counsel for the petitioner and Ms. Seema Sharma, learned Deputy Advocate General, for the respondent/State.