JAI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 47 of 2025, dtd. 6/4/2025, registered at Police Station, Ghumarwin, District Bilaspur, H.P., for the commission of offences punishable under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985.

(2.) It has been asserted that the police arrested the petitioner on 6/4/2025 for the possession of 1.853 kilograms of charas. The allegations against the petitioner are false. The prosecution has not collected any evidence to connect him to the commission of crime. The investigation is complete, and the charge sheet has been filed before the Court on 19/8/2025. The trial is likely to take some time to conclude, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report asserting that the police were checking the vehicles at Parsola on 5/4/2025 at 8.20 PM. They signalled the driver of the vehicle bearing registration No. HP-92A-0203 to stop. The driver stopped the vehicle. The person sitting beside the driver tried to conceal something after seeing the police. The police became suspicious and associated Pankaj Kumar as an independent witness. The driver identified himself as Dupal Singh, and the person sitting beside the driver identified himself as Jai Chand (the present petitioner). The police searched the vehicle and recovered four packets wrapped with khaki tape. The police checked the packets and found 1.853 kilograms of charas. The police seized the charas and arrested the occupants of the vehicle. As per the report of analysis, the recovered substance was confirmed to be an extract of cannabis and a sample of charas. The charge sheet was filed before the Court on 4/6/2025, and the case was listed for consideration on 25/11/2025. The petitioner would indulge in the commission of a similar offence if released on bail and would intimidate the witnesses. Hence, it was prayed that the present petition be dismissed.