SUBHASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Subhash Chand, who is behind the bars since 30.1.2018, 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. 33 of 2018, dated 30.01.2018, under Sections 21-61-85 of the Narcotics DrugsPsychotropic Substances Act (for short "ND &PS Act") and Sec. 18-A of the DrugsCosmetic Act, registered at police Station, Nalagarh, District Solan, H.P.

(2.) Sequel to order dated 23.10.2018, ASI Yog Raj, Police Station, Nalagarh and Mr Deepak Shandil, Assistant Superintendent Jail, Solan H.P., have come present alongwith record. Mr. Sanjeev Sood, 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 30.01.2018, police party on the basis of prior information, raided the Verma Medical Store owned by the bail petitioner Subhash Chand son of Sh. Yog Raj, R/o village Dattowal, Post OfficeTehsil Nalagarh, District Solan, H.P. During search, police recovered prohibited drugs/psychotropic substance. Since bail petitioner and co-accused Manisha Verma, who happened to be daughter-inlaw of present bail petitioner, failed to produce any valid permit/licence, if any, to possess prohibited drugs/ psychotropic substance allegedly recovered from the aforesaid shop, they were taken into custody and FIR, detailed hereinabove, came to be registered against them. Subsequently, co-accused namely, Manisha Verma came to be enlarged on bail vide order dated 13.4.2018, passed by this Court in Cr.MP(M) No.388 of 2018, whereas bail petition(Cr.MP(M) No.582 of 2018) having been filed by the present bail petitioner was dismissed as withdrawn reserving liberty to the bail petitioner to file afresh at appropriate stage, in accordance with law, if so required and desired.