KALU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner [Kalu Ram], who is in custody since 14/2/2024 has come up before this Court, seeking regular bail, under Sec. 483 of the Bhartiya Nagrik Suraksha Sahinta, (hereinafter referred to as BNSS), originating from FIR No.33 of 2024 dtd. 14/2/2024, registered at Police Station, Kullu, District Kullu [H.P.], under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).

(2.) Case set up by Mr. Vinay Thakur and Mr. Maan Singh, Learned Counsels is that the bail petitioner has been falsely implicated in FIR No. 33 of 2024 dtd. 14/2/2024, registered at Police Station, Kullu, District Kullu [H.P.], under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act). It is averred that bail petitioner has not committed any offence and he is not connected with alleged recovery of contraband. Moreover, it is submitted that bail petitioner is an old man and nothing is recoverable from him and Investigation is complete and further detention will not serve any purpose. It is further averred that the rigors of Sec. 37 of NDPS Act are not attracted as police is alleged to have implicated the petitioner, of 27 gms of Heroin/Chitta, which comes within the ambit of Intermediate Quantity, which as per the bail petitioner does not relate to him.

(3.) Pursuant to the issuance of notice on 2/8/2024, the State Authorities have furnished the Status Report dtd. 8/8/2024 and thereafter 2nd Status Report dtd. 24/8/2024 and thereafter in-order to bring on record the criminal antecedents a Fresh Status Report dtd. 23/9/2024 was filed by State Authorities and the Last Status Report dtd. 28/11/2024 was filed by State Authorities, in order to show the stage and status of investigation and the trial originating from the FIR in instant case. Perusal of Status Reports reveal that they contain pari-materia.