Ajay Kumar vs State Of H.P

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 168 of 2022, dated 16.09.2022, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Indora, District Kangra, H.P.

The petitioner is in custody in this case since 16.09.2022 on account of recovery of 24.62 grams of Heroin.

When this case was listed before the Court on 23.05.2024, the following order was passed:-

“Status report filed. Ordered to be taken record.

Taking into consideration the fact that there are five previous cases registered against the petitioner under the provisions of ND&PS Act, this Court is not inclined to grant bail to the petitioner.

Learned Counsel for the petitioner submits that he may be granted some time to have instructions. As prayed for, list on 27.05.2024.

Fresh status report need not be filed, as the matter has been adjourned on the request of learned Counsel for the petitioner.”

Today, learned Counsel for the petitioner submitted that the bail petition be decided on merit.

I have heard learned Counsel for the petitioner as also learned Law Officer and also gone through the status report as well as the documents appended therewith.

The petitioner in this case has been arrested with intermediate quantity of Heroin, however, it is a matter of record that previously also, there are five cases registered against him under the provisions of the NDPS Act. Incidentally, a perusal of the status report demonstrates that five cases under the provisions of the NDPS Act have also been registered against his father. From this, the only inference that the Court can draw is that the petitioner but natural is a drug peddler, and this time, the offence has been committed by him while being on bail in the earlier FIRs.

That being the case, this Court finds no reason to release the petitioner on bail because this Court is satisfied that in case the petitioner is released on bail, there is each and every possibility or likelihood that he would again commit same or similar offence. Accordingly, in view of above discussion, the present petition is dismissed.