Ashish Kumar vs State Of H.P

Anoop Chitkara, J

The petitioner, who is in custody since 7.8.2020 for possessing commercial quantity of psychotropic substances, has again come up before this

Court for grant of bail.

Earlier, the petitioner had filed a petition, registered as Cr. MP (M) No.2253 of 2020, under Section 439 CrPC before this Court. However, vide

order dated 23.12.2020, the same was dismissed as withdrawn.

In Para 13 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the

accused.

Briefly, the allegations against the petitioner are that on 7th August, 2020, the investigator had received a secret information that accused Ashish

Kumar, who runs a shop of electrician also indulges in selling of prohibited medicines. The information further reveals that he would be carrying

medicines on his motorcycle. After that the investigator laid down a Naka and on noticing the said motorcycle, recovered 205 capsules of

PERVORIN SPAS. Since the secret information was to the effect that the accused indulged in sale of prohibited medicines from his shop, as such the

investigator recorded grounds of the belief and also conducted search of the shop, which led to recovery of 1460 more capsules of the same brand.

Laboratory found the presence of Tramadol hydrochloride and weight of the capsules to be 126.075 grams and 897.900 grams.

Although the quantity involved is commercial, but a perusal of the bail petition reveals that the petitioner has not taken any specific ground to satisfy

the rigors of Section 37 of the NDPS Act placed by the Legislator. Once the quantity is commercial, then the legislator has shifted the entire burden

on the accused to satisfy the Court for grant of bail. In the absence of any specific material, this Court is not satisfied to grant bail to the petitioner and

as such the petition is dismissed.