RAGHUVIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Bail petitioner namely, Raghuvir Singh, who is behind the bars since 1.9.2019, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No. 202/2019, dated 30.8.2019, registered at police Station, Sadar, District Bilaspur Himachal Pradesh, under Section 21 & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (For short 'Act').

(2.) Sequel to order dated 20.9.2019, ASI Raj Kumar has come present alongwith the record. Mr. Sudhir Bhatnagar, 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.) Record/status report made available to this Court reveals that on 30.8.2019, police party present at Nauni Chowki, National Highway-205, stopped PRTC bus bearing registration No. PB-65-AS-0792 for checking. Allegedly, person namely, Karan Thakur, who was sitting on seat No. 29 at the time of alleged incident, got perplexed after seeing the police party. Police in the presence of independent witnesses allegedly recovered 82.37 grams of Heroin from the conscious possession of co-accused Karan Thakur. After completion of codal formalities, police lodged FIR, as detailed hereinabove, against the bail petitioner. During investigation, person namely, Karan Thakur revealed to the police that he had brought Heroin allegedly recovered from him at the askance of persons namely, Mohammad Sumer and present bail petitioner. On the basis of aforesaid statement made by co-accused Karan Thakur, from whose conscious possession 82.37 grams of Heroin was recovered, police registered case against the present bail petitioner as well as other co-accused Mohammad Sumer. Since 1.9.2019 present bail petitioner is behind the bars, whereas other co-accused Mohammad Sumer has been released on bail by the learned Special Judge, Bilaspur, District Bilaspur, H.P. Though, present bail petitioner had applied for regular bail in the Court of learned Special Judge, Bilaspur, but his such request was not acceded to by the learned Court below on the ground that in past also he had been indulging in illegal trade of narcotics.