Ashish vs State Of Himachal Pradesh

Vivek Singh Thakur, J

This petition has been filed preferred for enlarging the petitioner on bail in case FIR No. 157 of 2019, dated 5.12.2019, registered under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Dharampur, District Solan, H.P.

Fresh status report stands field. According to status report, police case in brief is that petitioner was apprehended for having found in alleged possession of 1 Kilogram 008 Grams of opium in his possession, which is an intermediate quantity. The petitioner was arrested on 4.12.2019 and after completion of Police remand; he is in judicial custody since 7.12.2019. Investigation is complete. Challan has been presented in the Court. The petitioner is behind the bars since last about 6 months. It is also submitted in the status report that petitioner is driver by profession and is in habit of consumption of opium. Though, it is stated that he was booked in another case in the year 2017 for possession poppy straw, but in that case he has been acquired on 20.2.2019 and besides this he has been found having in possession of 15 bottles of country liquor in the year 2017 itself and in that case he was fined for Rs.1500/-.

The petitioner is resident of Haryana and there is nothing on record to justify his presence in Subathu area. Though, he has been acquitted in one previous case registered in the year 2017 in Haryana, however, possession of 15 bottles of country liquor stands established against him, as he had been fined in the said case. The explanation that he was going to met one Ashok at Subathu, has also been found false, as no such person has been identified by him and with respect to source of contraband also he has disclosed name of one Jasvinder, but he could not identify the spot as well as person at Karnal from whom he has allegedly received the opium.

Another petition preferred by the petitioner for regular bail was rejected by learned Special Judge-III, Solan vide order dated 14.2.2020 and immediately thereafter present bail application has been preferred on 18.2.2020.

In my opinion, in present case, wherein the petitioner is found having in possession of intermediate quantity of contraband and there is reverse onus on him under the NDPS Act, the balance of convenience, at this stage, is not in his favour. Though rigors of Section 37 are not applicable in the present case, however, at the same time non applicability of rigors of Section 37 does not entitle any person for bail in all eventualities.

Considering entire facts and circumstances, I am not inclined to enlarge the petitioner on bail at this stage.

Observations made herein shall not affect the merits of the case of the petitioner in any manner and are strictly confined for the disposal of the bail application.

The petition stands dismissed in the aforesaid terms.