BIRENDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 236 of 2024, dtd. 19/10/2024, registered at Police Station Sadar, District Chamba, H.P., for the commission of offences punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (ND&PS) and Sec. 39(1) (a) of H.P. Excise Act, 2011.

(2.) It has been asserted that, as per the prosecution, the police obtained a search warrant to search the petitioners' house located at village Kiyani, Tehsil and District Chamba. The police searched the house and the cow shed in the presence of independent witnesses and recovered a plastic box kept near the door of the cow shed. The Investigating O icer checked the box and found cannabis in it. The police also recovered two boxes containing charas concealed benea h he tree adjacent to the cow shed. A steel box kept in the bundle of grass having Rs.4,99,500.00was also recovered by the police. The total weight of the charas was found to be 5.02 kgs. The police searched the store on the ground floor of the house and recovered a box containing 12 bottles of IMFL bearing Mark Imperial Blue. Police registered the FIR and seized the case property, and arrested the petitioner. The pet tioner had earlier filed bail petitions, which were registered as Cr.MP(M) No. 286 of 2025 and Cr.MP(M) No. 1104 of 2025, and were dismissed on 13/3/2025 and 23/6/2025. The petitioner is innocent, and he was falsely implicated. He belongs to a respectable family. He has roots in society, and there is no apprehension of his absconding. The investigation is complete, and no fruitful purpose would be served by detaining the petitioner in custody. The Investigating Officer did not inform the grounds of arrest to the petitioner, which is violative of Article 22 (1) of the Constitution of India. FIR Nos. 85/2022, 59/23 and 237/2011 were registered against the petitioner Hence the petition.

(3.) The petition is opposed by iling a status report asserting that the police party had btained a search warrant to search the house of Birender Kumar-the present petitioner. The police associated independent witnesses and searched the house and cowshed in their presence. The police recovered 1 plastic box kept near the door of the cowshed. The police checked the box and found cannabis in it. Police also recovered two boxes containing charas concealed beneath the tree adjacent to the cowshed. The pol ce found a steel box kept in the bundle of grass on the upper floor of the cowshed. The police checked it and found Rs.4,99,500.00 in it. The charas was weighed and its weight was found to be 5.92 kgs. The police checked the store on the ground floor and recovered a box containing 12 bottles of Imperial Blue. The police arrested the petitioner and seized the charas, liquor, and currency notes. The police filed the charge sheet before the learned Trial Court, and the matter was listed on 10/10/2025 for recording the statements of prosecution witnesses. FIR No. 85/2022 and FIR No. 59/2023 are registered against the petitioner, and FIR No. 237/2011 was compounded at his instance. The petitioner has a criminal history. A commercial quantity of charas was recovered from his possession. The petitioner would jump over the bail and abscond in case of his release on bail; therefore, it was prayed that the present petition be dismissed.