ROSHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition seeking regular bail in FIR No. 28 of 2024, dtd. 21/2/2024, registered at Police Station Nahan, District Sirmaur, H.P., for the commission of offences punishable under Sec. 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) It has been asserted that, as per the prosecution, the police were on patrolling duty on 20/2/2024. They received secret information that Roshan Lal (the present petitioner) was transporting heroin in his vehicle bearing registration No. HR- 12Y-8814, and a huge quantity of heroin could be recovered by searching his vehicle. The police completed all the formalities, joined Harish Chander and Harinder Singh, and intercepted the vehicle bearing registration No. HR 12Y-8814. The petitioner was driving the vehicle. The police searched the vehicle and recovered a carry bag containing 960 capsules of Parivon Spas Plus (each capsule containing 325 Mg, Dicyclomine Hydrochloride IP 10 mg and Tramadol Hydrochloride IP 50 mg. The police also recovered 22.92 grams of heroin from the vehicle's dashboard. The police filed the chargesheet after completing the investigation. The material witnesses have been examined. The prosecution has failed to complete the evidence within a reasonable time, which is violative of the petitioner's constitutional right. The petitioner is a permanent resident of District Kurukshetra, and there is no chance of his absconding. 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 on patrolling duty on 20/2/2024. They received secret information at about 6:20 p.m. that the petitioner was transporting the intoxicating drugs in his vehicle bearing registration No. HR-12Y-8814, and a huge quantity of capsules could be recovered by its search. The police reduced the information into writing and sent it to the Superintendent of Police, Nahan. The police joined Harish and Harinder and set up a Nakka. A vehicle bearing registration No. HR-12Y-8814 reached the spot. The police stopped the vehicle. The petitioner was driving it. The police recovered 960 capsules of Parivon Spas Plus containing Tramadol and a polythene containing 22.92 grams of heroin. The police seized the heroin and capsules and arrested the driver, Roshan Lal. The police checked his mobile phone and found the financial transaction with 15-20 persons through Google Pay. The police arrested Tej Pratap, Uchechukwau Emmanual, Rajwinder Kaur and Nitu Devi. The police filed the charge sheet before the Court. Statements of 18 witnesses have been recorded, and the matter was listed for recording the statements of the prosecution witnesses on 4/11/2025. FIR No. 440/12 dtd. 23/12/2012 was registered against the petitioner, and he was sentenced to life imprisonment and pay a fine of Rs.10,000.00. The petitioner would indulge in the commission of similar offences and intimidate the witnesses in case of his release on bail. Hence, the status report.