PRADEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 100/2023, dtd. 22/5/2023 registered at police station Sadar Solan for the commission of an offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act (in short the 'ND&PS Act'). The petitioner is innocent and he was falsely implicated. The petitioner was arrested on 22/5/2023 and has undergone a significant period of detention. The petitioner would abide by all the terms and conditions, which the Court may impose. The custody of the petitioner is not required as the charge sheet has been filed before the Court. The prosecution has cited 18 witnesses and there is no likelihood of an early conclusion of the trial. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The petition is opposed by filing a status report, asserting that the police party was on patrolling duty on 22/5/2023. Secret information was received at 4.00 PM that the petitioner was a heroin supplier and in case of a search of his room, a huge quantity of heroin could be recovered. The police reduced the information into writing and associated two independent witnesses. The police searched the room in the presence of the petitioner and recovered 10 syringes and 22.22 grams of heroin. The police arrested the petitioner and seized the heroin. The substance recovered from the petitioner was confirmed to be Diacetylmorphine (heroin) after the chemical analysis. FIR No. 223/98, FIR No. 26/2010, FIR No. 300/2010 and FIR No. 32/21 have also been registered against the petitioner. The petitioner has been acquitted in FIR No. 223/98 and FIR No. 26/10, however, he was convicted in FIR No. 300/10 and FIR No. 32/21 was still pending before the Court. The challan was presented before the Court and is listed for the prosecution evidence on 8/1/2025. The petitioner would indulge in the commission of a similar offence in case of his release on bail. Seven witnesses have been examined and the statements of eleven witnesses are yet to be recorded. Hence, the status report.

(3.) I have heard Ms. Deeksha Thakur, learned Counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General for the respondent-State.