PREM RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed, under Section 439 Code of Criminal Procedure (in short 'Cr.P.C.') seeking grant of regular bail to the petitioner, in case FIR No.42 of 2018 dated 03.08.2018, registered at Police Station, Nankhari, District Shimla, H.P., under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( hereinafter referred to as 'NDPS Act').

(2.) Status report has been filed by the State, wherein it is stated that earlier also, petitioner Prem Raj was found involved in four criminal cases and out of those criminal cases, in FIR No.70 of . 2008 dated 17.05.2008, registered under Section 61-1-14 of the Excise Act, in Police Station Rampur, petitioner has been acquitted on 12.05.2010; in case FIR No.67 of 2010 dated 28.03.2010, registered under Section 302 of the Indian Penal Code (in short 'IPC') in Police Station, Rampur, petitioner has been acquitted by learned Sessions Judge, Kinnaur at Rampur; however, trial in case FIR No. 129 of 2009 dated 06.07.2009, registered under Section 61- 1-14 of the Excise Act, in Police Station, Rampur, is still pending; and lastly in case FIR No.202 of 2012 dated 20.11.2012, registered under Section 20 of the NDPS Act, in Police Station, Rampur, petitioner has been convicted on 05.01.2018 by learned Sessions Judge, Kinnaur at Rampur. It is pertinent to note that petitioner was convicted under Section 20 of the NDPS Act on 05.01.2018, but no substantial sentence was imposed upon him and only fine of Rs.12,000/- was imposed. Thereafter, within eight months, petitioner was again found to have been in possession of contraband and in present case, FIR has been registered against him under Section 20 of the NDPS Act for carrying 107 grams of charas.

(3.) Learned counsel for the petitioner, referring Section 436 Cr.P.C., has submitted that petitioner is behind the bars for more than fifteen months, whereas for intermediate quantify of charas i.e. from more than 100 grams up to 1000 grams, maximum sentence of ten years has been provided and petitioner has been involved in a case, alleging to have found in possession of charas weighing 107 grams and, therefore, he has spent time more than the sentence which can be imposed upon him for carrying 107 grams of charas. It is further submitted by learned counsel for the petitioner that there is a function in the family of petitioner on 02.12.2019 and, therefore, considering entire facts and circumstances, petitioner is entitled for bail at this stage. Learned counsel for the petitioner has also submitted that rigors of Section 37 of the NDPS Act are also not attracted in the present case and in view of right to personal liberty of petitioner, he deserves to be released on bail.