ASHWIN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 48 of 2025, dtd. 15/6/2025, registered at Police Station, East, District Shimla, H.P., for the commission of offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

(2.) It has been asserted that, as per the prosecution, the police recovered 11 grams of heroin from Ashwani Kumar, who is a co-accused in the present case. The petitioner is innocent, and he was falsely implicated. The co-accused has been released on bail. No recovery is to be effected from the petitioner. The petitioner would abide by the terms and conditions that the Court may impose. Hence, the bail petition.

(3.) The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 15/6/2025. They received a secret information at 4.00 PM that Ashwani Kumar alias Happy was residing as a tenant in Room No. 104, he was selling heroin with Ashwin Kumar (present petitioner), and a huge quantity of heroin could be recovered during the search of the home. The information was reduced to writing and sent to the Supervisory Officer. The police associated Mukul Kumar and proceeded to the house. The petitioner and the co-accused were found in the room. They identified themselves as Ashwani Kumar alias Happy and Ashwin Kumar. The police searched the room and recovered one electronic weighing scale, three syringes and burnt currency notes of Rs.10.00 and 20 and one leather pouch. The police opened the leather pouch and found a transparent pouch containing 11 grams of heroin. The police seized the articles and arrested the petitioner and co-accused. The heroin was sent to the FSL and was confirmed to be the sample of diacetylmorphine (Heroin). The investigation was completed, and the charge sheet was filed on 12/8/2025. The petitioner was involved in the commission of a similar offence in the past. FIR Nos. 57 of 2013, 65 of 2021, 2 of 2024 and 110 of 2019 were registered against the petitioner. The petitioner has criminal antecedents, and he would indulge in the commission of similar offences in case of his release on bail. Hence, the status report.