AAKASH THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 07 of 2026, dtd. 7/1/2026, registered in Police Station Boileaugunj, District Shimla, H.P., for the commission of offences punishable under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

(2.) It has been asserted that the petitioner was arrested on 8/1/2026 for possession of 356.280 grams of charas. The recovery was made from the room, and not from the petitioner's personal search. The contraband was brought by co-accused Surender Singh, and there is nothing on record to connect the accused with the commission of the crime. No call details or financial transactions were attributed to the petitioner. Shayam Lal Thakur is the owner of the paying guest accommodation where the petitioner was residing at the relevant time. The petitioner was staying in the premises as a paying guest and had nothing to do with the contraband stated to have been recovered by the police. FIR No. 78/2024 dtd. 29/4/2024 is pending against the petitioner. Petitioner is a permanent resident of the State of Himachal Pradesh. He has deep roots in society, and there is no chance of his absconding. He would abide by the terms and conditions that the court may impose upon him. Hence, the petition.

(3.) The petition is opposed by filing a status report asserting that the police were on patrolling duty on 7/1/2026 near Police Post Summerhil. They received secret information at about 6.45 P.M. that Shyam Lal Thakur, Ajay Kumar, Surinder Singh and Aakash Thakur (the present petitioner) were selling narcotics in their room, and a huge quantity could be recovered by searching the room. The delay in the search and procurement of a search warrant would have led to the destruction of the case property. Hence, a report under Sec. 42(2) of the NDPS Act was sent to the Supervisory Officer at Police Station West. The police joined Jyoti Swaroop as an independent witness and reached the place. They knocked at the door. One person opened the door, and three people were found inside the room. They disclosed their names as Shayam Lal Thakur, Ajay Kumar, Surender Singh and Aakash Thakur. The police searched the room and recovered a plastic bag containing 356.280 grams of charas. The police seized the charas and arrested the occupants of the room. Charas was sent to the FSL, and the result is awaited. Surender Singh disclosed that he had brought the charas. Ajay Kumar, Shyam Lal Thakur and Aakash Thakur also confirmed this statement. No other FIR is registered against the petitioner. Charas is adversely affecting the young generation. Hence, it was prayed that the present petition be dismissed.