ASHUTOSH ATTRI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Ashutosh Attri, who is behind the bars since 30.7.2018, has approached this Court in the instant proceedings filed under Sec. 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.220 of 2018, dated 30.7.2018, under Sec. 21, 22 & 29 of the Narcotics Drugs & Psychotropic Substances Act ( for short "ND&PS Act"), under Sec. 465 of IPC, Sec. 12(1) (A) (B) of the Passport Act and Sec. 14 of the Foreigners Act, registered at police Station, Solan, District Solan, Himachal Pradesh.

(2.) Sequel to order dated 5.12.2018, HC Dev Raj, Police Station, Solan, District Solan, has come present alongwith record. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Careful perusal of the record/status report reveals that on 30.7.2018 police party intercepted a car bearing No. HP14-B-3406 being driven by the bail petitioner and recovered 11 grams of Chitta (Heroin) from the dash board of the car. After completion of necessary codal formalities, police registered the case against the bail petitioner and arrested him on the same day and since then bail petitioner is behind the bars. During the investigation, police found that bail petitioner is addicted and had been purchasing psychotropic substance from Delhi. Police also found that some Foreigner National sold the contraband to the bail petitioner, who used the same for his consumption. Investigation in the case is complete and challan stands filed in the competent court of law. Prior to filing of present bail petition, bail petitioner in the month of Aug., 2018 had filed bail petition in the Court learned Special Judge, Solan, which was dismissed on 23.08.2018. Present bail petition has been filed in the change circumstances because at the time of filing bail petition before the learned Special Judge, Solan,, challan was not filed and investigation in the case was not complete, but now challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner.