MANSOOR ALI Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 10 of 2025, dtd. 18/1/2025, registered at Police Station, Puruwala, District Sirmour, H.P., for the commission of an offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

(2.) It has been asserted that, as per the prosecution's story, the police apprehended the petitioner when they were on patrolling duty on 18/1/2025 based on secret information and recovered 12.5 grams of heroin. The petitioner was arrested on the same day. The allegations against the petitioner are false. The prosecution has failed to complete the evidence, which is violative of the petitioner's right to a speedy trial. Therefore, he 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 18/1/2025. They received a secret information at 2:15 pm that Mansoor Ali (the present petitioner) was selling heroin, and a huge quantity of heroin could be recovered during his search. The police reduced the information into writing and sent it to the Sub Divisional Police Officer (SDPO), Paonta Sahib. The police reached the spot, indicated in the information, along with one Kashmir Singh. The petitioner was found with a carry bag. He identified himself as Mansoor Ali. The police searched the carry bag and recovered 12.5 grams of heroin. The police seized the heroin and arrested the petitioner. The heroin was sent to the State Forensic Science Laboratory (SFSL), Junga, for analysis, and as per the result of the analysis, it was found to be a sample of diacetylmorphine (heroin). The police filed the charge sheet on 17/3/2025. The prosecution has cited 18 witnesses, out of whom 16 have been examined. The remaining witnesses were summoned for 27/1/2026. An FIR No. 374 of 2023, dtd. 19/2/2023 was registered against the petitioner in the Police Station Vikas Nagar, Dehradun, for the commission of an offence punishable under Sec. 20 read with Sec. 8 of the NDPS Act. The petitioner would indulge in the commission of similar offences if released on bail. The prosecution has filed a charge sheet against the petitioner on 17/3/2025. Hence, it was prayed that the present petition be dismissed.