PARAS 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. 36 of 2024, dtd. 27/2/2024, for the commission of offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ND&PS Act), registered at Police Station Dharampur, District Solan, H.P. The petitioner is innocent, and he has not committed any offence. No recovery was effected from the petitioner, and there is nothing to connect him with the commission of crime. The petitioner is a permanent resident of village Salogra. He has deep roots in the society, and there is no chance of his absconding. The petitioner has been behind the bars since 27/2/2024. The matter was listed on 19/12/2024 for the service of accused Mohammad Khalid. There is no likelihood of the early commencement of the trial. FIR No. 55 of 2022, dtd. 6/6/2022, was registered against the petitioner. 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 were on patrolling duty on 27/2/2024 when they received a secret information that Kapil and petitioner Paras were occupying Seat Nos. 5 and 6 in the bus bearing registration No. HR-55GV-3524. They were transporting heroin. The police completed the formalities and checked the bus. The petitioner was occupying Seat No.6, and Kapil was occupying Seat No.5. Kapil had a bag with him. The police checked the bag in the presence of the witnesses and recovered 7.82 grams of heroin during the search. Police arrested the petitioner and Kapil and seized the heroin. The police interrogated the petitioner and Kapil, who revealed that they had purchased 8 grams of heroin from Mohammad Khalid for Rs.20,000.00. The police also arrested Mohammad Khalid. The call details record of the petitioner and Mohammad Khalid showed that they were in touch with each other. Mohammad Khalid was released on interim bail, but he absconded. As per the result of the analysis, the substance recovered was confirmed to be Diacetyl Morphine (Heroin). FIR No. 55 of 2022, dtd. 6/6/2022, was registered against the petitioner in Police Station Parwanoo. The petitioner can indulge in the commission of a similar offence in case of release on bail. The matter is listed for recording the statements of prosecution witnesses on 6/3/2025. Hence, the status report.

(3.) I have heard Mr. Parikshit Sharma, learned counsel for the petitioner and Mr. Lokender Kutlehria, learned Additional Advocate General, for the respondent-State.