Ramesh Thakur vs State of H.P.

Kuldip Singh, Judge

This is an application u/s 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 275/2011 dated 6.12.2011, registered at Police Station, Dhalli, District Shimla, u/s 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act). It has been stated that petitioner with other co-accused was arrested on 6.12.2011 in the above case. The allegations against the petitioner are that with other accused he was found in possession of 168 pills of Nitro sun, 54 capsules of Spasmocip plus and 17 bottles of Rexcof cough syrup at Durgapur, which are psychotropic drugs. The drugs were being carried without any licence or permit. It has been stated that petitioner has been falsely implicated in the case. The other co-accused has been bailed out on 26.12.2011, but the bail application filed by the petitioner has been rejected by the court below. It has been submitted that on completion of investigation, the challan has been submitted in the court. The prayer has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that on 6.12.2011 at about 4.00 p.m., taxi HP-01A-2127 was stopped and checked. The driver disclosed his name Anup. The person sitting on the front seat disclosed his name Ramesh Thakur. The driver could not produce the driving licence and relevant documents of the taxi. It has been alleged that both the occupants of the taxi attempted to run away from the spot, but they were overpowered. A carry bag lying near the front seat of the taxi was checked and 168 pills of Nitro sun, 54 capsules Spasmocip plus and 17 bottles containing 100 ml. each of Rexcof were recovered. The sampling and sealing was done. The occupants of the taxi could not produce any permit or licence. On this, a case u/s 22 of the Act was registered. It has been alleged that both the accused in conspiracy with each other are trading in psychotropic drugs. The petitioner is already an accused under the Act in FIR No. 218 registered at Police Station, Dhalli. In addition, FIR No. 236/2001 under sections 147, 353, 427, 406, 506 IPC and FIR No. 135/2004 under sections 279, 337 IPC have been registered against accused Ramesh Thakur at Police Station, Jhakri. The prayer has been made for rejection of bail application.

Heard and perused the record. On instructions received, it has been stated by the learned Additional Advocate General that challan has been submitted on 3.2.2012 and case is fixed today before Judicial Magistrate Ist Class, Court No. 7, Shimla. The allegations against the petitioner are that he was found carrying psychotropic drugs on 6.12.2011. He could not produce any permit or licence for carrying the drugs. The petitioner could not explain the possession of huge quantity of drugs recovered from him. It has been alleged that petitioner and other accused are in the business of selling and purchasing of prohibited drugs and generally youths are their customers. The petitioner is already an accused in another case under the Act. It appears the petitioner is habitual offender. In case he is released on bail, the possibility cannot be ruled out that he will again repeat similar offence again. In these circumstances, the petitioner is not entitled to bail. Hence, the bail application of the petitioner is dismissed. Any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case.