UGMA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 96/2025, dtd. 28/7/2025, registered at Police Station Barotiwala, District Solan, H.P., for the commission of an offence punishable under Sec. 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

(2.) It has been asserted that the petitioner was arrested on 28/7/2025 for the possession of 7.033 kgs of poppy husk recovered from his car. The petitioner is innocent, and he was falsely implicated. The petitioner has been in judicial custody since 28/7/2025. No recovery is to be effected from him. The quantity of Narcotics stated to have been found in possession of the petitioner is less than a commercial quantity, and the rigours of Sec. 37 of the ND&PS Act do not apply to the present case. The petitioner would abide by the terms and conditions which the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report asserting that the police were on patrolling duty on 28/7/2025. They received a secret information at around 3:20 p.m. at Jharmajri that a vehicle bearing registration No. HR-03U-8780 had opium poppy husk, and the petitioner, Ugma Ram, wanted to sell it. A huge quantity of opium poppy husk could be recovered by searching the vehicle. The police reduced the information into writing and sent it to the Additional Superintendent of Police, Baddi. The police associated Arun Kumar and Abhishek Sharma and went to the spot where the vehicle bearing registration No. HR03U-8780 was found parked. The driver identified himself as Ugma Ram. The police searched the vehicle after completing the formalities and recovered three packets containing 3.009 kgs, 3.012 kgs and 1.012 kgs of opium poppy in them. Thus, a total of 7.033 kgs of opium poppy was recovered from the vehicle. The petitioner could not produce any document to possess the opium/poppy; hence, the police arrested the petitioner and seized the opium poppy. These were sent to SFSL, and as per the report of analysis, these were confirmed to be the samples of opium poppy straw. The petitioner would abscond and intimidate the witnesses in case of his release on bail. Hence, the status report.