GAURAV THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, Gaurav Thakur, who is behind bars since 23.12.2018, has approached this court, in the instant proceedings filed under S.439 CrPC, for grant of regular bail in FIR No. 367, dated 23.12.2018 under S.21 of the Narcotic Drugs & Psychotropic Substances Act, registered at Police Station, Sadar, Solan, Himachal Pradesh.

(2.) Close scrutiny of the record/status report made available to this Court reveals that on 23.12.2018, police, after having received information /complaint from the Director, Shoolini University, Solan, apprehended bail petitioner with 6.94 grams of Heroin. Record further reveals that prior to reaching of the police on the spot, College Authorities had actually caught the bail petitioner, who was roaming in the premises of the college without there being any authority. College Authorities suspecting credentials of the bail petitioner asked him to give his search. In the alleged search contraband as detailed above, was recovered. Subsequently, the Police weighed the contraband and found same to be 6.94 grams. After completion of necessary codal formalities, Police lodged FIR, detailed herein above, against the bail petitioner, on 23.12.2018, and since then, he is behind the bars.

(3.) Mr. Sanjeev Sood, learned Additional Advocate General, while acknowledging the factum with regard to completion of investigation, contended that though at this stage, nothing is required to be recovered from the bail petitioner, but keeping in view the gravity of the offence, alleged to have been committed by the bail petitioner, he does not deserve any leniency. Mr. Sood, learned Additional Advocate General further contended that as per investigation, bail petitioner had gone to Shoolini University with a view to sell narcotics to the students of the College and as such, he does not deserve to be enlarged on bail.