MAHESH THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No.19 of 2025, dtd. 8/7/2025, registered for the commission of offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the ND&PS Act') at Police Station New Shimla, District Shimla, H.P.

(2.) It has been asserted that the petitioner is a resident of Thakur Niwas, Lower Cemetery, Sanjauli. As per the prosecution, the police had recovered the narcotics from the house of the coaccused. There is nothing to connect the petitioner to the house from where the recovery was effected. The petitioner is innocent, and he was falsely implicated. He would abide by the terms and conditions which the Court may impose. Hence, the petition.

(3.) The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 8/7/2025. The police received a secret information at 04:45 pm that Atul Bohra and his friend were selling heroin from their house. In case of a search of their house, a huge quantity of heroin could be recovered. The information was credible. It was reduced to writing and was sent to the Supervisory Officer. The police associated Anil Kaundal and went to the house where Atul Bohra was present. He also called Mahesh Thakur (the present petitioner). The police searched the house and recovered the burnt currency note of Rs.10.00 kept under the mattress. The police also found a pouch containing 45.350 grams of heroin. A bundle of currency notes worth Rs.44,000.00 was also recovered. The police arrested Atul Bohra and the petitioner. An FIR No.51/20 is already registered against the petitioner. The substance was sent to FSL, and the report is awaited. The petitioner and the co-accused revealed during the interrogation that they were heroin addicts. They used to purchase the heroin from one Gopi. However, no person by the name of Gopi could be found. The petitioner was found in possession of heroin and would indulge in the commission of a similar offence in case of his release on bail. Hence, the status report.