SASHI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 82 of 2025, dtd. 20/5/2025, registered at Police Station Dharmashala, District Kangra, H.P., for the commission of offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).

(2.) It has been asserted that, as per the prosecution, 13 grams of heroin were recovered from a room located on the ground floor of the petitioner's house. The room was in possession of the son-in-law of the petitioner, and no recovery was effected from the petitioner's possession. The police have completed the investigation and filed the charge sheet before the Court. Petitioner was not in conscious possession of the heroin. The co- accused has been released on bail, and the petitioner is entitled to bail on the principle of parity. 13 grams of heroin is an intermediate quantity, and the rigours of Sec. 37 of the NDPS Act do not apply to the present case. The petitioner would abide by all the terms and conditions that the Court may impose upon him. 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 on patrolling duty on 19/5/2025. They were checking the traffic at Ghiyari Pul, Yol. They received a secret information at 12.30 AM that Shashi Kumar (the present petitioner) and Gautam (co-accused) were selling heroin from their home. A huge quantity of heroin could be recovered from their house. The police reduced the information into writing and sent it to the Additional Superintendent of Police, Kangra. Police associated Anil Kumar and Abhishek Anand and went to the petitioner's house. The police checked the house in the presence of the petitioner and co-accused (Gautam). The police recovered one transparent polythene packet containing 13 grams of heroin. Police seized the heroin and arrested the petitioner and the co-accused. Heroin was sent to SFSL Junga, and as per the result of analysis, it was found to be a sample of Diacetylmorphine (heroin). FIR Nos. 34 of 2020, 16 of 2022, 128 of 2022, 137 of 2022, 130 of 2022 and 141 of 2022 are pending against the petitioner. The charge sheet was filed and presented before the learned Trial Court. The matter was listed for prosecution evidence on 12/1/2026. Hence, the status report.