ORDER :

1. Bail petitioner, namely Saurabh Thakur, who is behind the bars since 07.07.2021, has approached this Court in the instant proceedings filed under Section 439 Cr.PC, for grant of regular bail in FIR No. 55/2021, dated 07.07.2021, under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act (in short “the Act”) registered at Police Station Parwanoo, District Solan, H.P.

2. Status report filed by the respondent-State, in terms of order dated 11.08.2021, reveals that on 07.07.2021, police after having received secret information that two persons, namely, Manjit and Saurabh Thakur, travelling in Bus bearing No.HP-10A-9599, coming from Delhi to Rohru, may be possessing Chitta/Heroin, stopped aforesaid Bus at Timber Trail Chowk Parwanoo and allegedly recovered 32.58 grams of Chitta/Heroin from blue coloured T-Shirt being carried by co-accused Manjit in his hands. Since, bail petitioner Saurabh Thakur as well as other person namely Manjit, were unable to render proper explanation qua the possession of aforesaid intermediate quantity of Chitta/Heroin, police after completion of necessary codal formalities, lodged FIR detailed hereinabove against them and since then, both are behind the bars. Since, investigation in this case is complete and nothing remains to be recovered from the bail petitioner, he has approached this Court in the instant proceedings for grant of bail.

3. Mr. Sudhir Bhatnagar, learned Additional Advocate General, while fairly admitting factum with regard to completion of investigation, contends that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency and as such, prayer having been made on his behalf for grant of bail may be rejected. Mr. Bhatnagar, further contends that though intermediate quantity of Chitta/Heroin came to be recovered from the T-Shirt being carried by co-accused Manjit, but since, both the accused had gone together to Delhi to buy aforesaid quantity of contraband, it cannot be concluded, at this stage, that petitioner has been falsely implicated and as such, his application for grant of bail may be rejected.

4. Having heard learned counsel representing the parties and perused the material available on record, this Court finds that on 07.07.2021, though police had received information that persons namely Manjit and Saurabh Thakur are travelling in a Bus bearing No. HP-10A-9599 along with contraband, but as per story of prosecution, 32.58 grams of Chitta/Heroin came to be recovered from the blue coloured T-Shirt being carried by co-accused Manjit. No doubt, both the accused were travelling together, but since, intermediate quantity of contraband came to be recovered from the conscious possession of co-accused Manjit, it would be too premature at this stage to conclude complicity of the petitioner in the case at hand, especially when there is nothing on record that in past, petitioner had been indulging in such activities. As per prosecution, both the accused, disclosed that they purchased the aforesaid quantity of contraband from some unknown person at Delhi, but such disclosure/revelation, if any, made by present bail petitioner may not be of much significance at this stage, for the reasons that intermediate quantity of alleged contraband never came to be recovered from his possession, rather from the T-Shirt being carried by co-accused Manjit.

5. Leaving everything aside, this Court finds from the record that contraband allegedly recovered in the case is of intermediate quantity and as such, rigors of Section 37 of the Act, are otherwise not attracted. Since, it has come on record that petitioner as well as co-accused purchased aforesaid quantity of contraband for their own consumption, there is a reason to infer that petitioner has become drug addict and as such, no fruitful purpose would be served by keeping him behind the bars for indefinite period