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2016 Supreme(HP) 2652
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANJAY KAROL, J.
BHAG SINGH - Appellant
Vs.
STATE OF HIMACHAL PRADESH - Respondent
Cr.MP(M) No.250 of 2016
Decided on : 16-03-2016
Advocate Appeared:
For the Appellant :Mr. T.S. Chauhan, Advocate,
For the Respondent:Mr. R.S. Verma, Additional Advocate General, for the Respondent; Mr. R.M. Bisht and Mr. Puneet Rajta, Adv.
Denial of bail based on habitual offense and trade of psychotropic substance under the Narcotic Drugs and Psychotropic Substance Act.
Headnote:
Narcotic Drugs and Psychotropic Substance Act - Bail Application - Court denies bail based on the accused's habitual offense and trade of psychotropic substance
Fact of the Case:
F.I.R. No.116/2015 under the provisions of Sections 15-61-85 of the Narcotic Drugs and Psychotropic Substance Act, registered at Police Station, Kot Kehloor, District Bilaspur. 10 Kg. and 400 grams poppy husk recovered from the accused's possession. Accused facing trial in four cases arising out of the said Act.
Finding of the Court:
Court denies bail, considering the accused's habitual offense and regular trade of psychotropic substance, as well as the provisions of the Narcotic Drugs and Psychotropic Substance Act.
Issues: Bail application under the Narcotic Drugs and Psychotropic Substance Act.
Ratio Decidendi: The accused's habitual offense and regular trade of psychotropic substance under the Narcotic Drugs and Psychotropic Substance Act led to the denial of bail.
Final Decision: The present petition for bail stands dismissed.
JUDGMENT :
SANJAY KAROL, J.
1. SA.S.I. Suresh Kumar, I/O, Police Station, Kot Kehloor, District Bilaspur, is present alongwith record. Status report filed and taken on record.
2. Having heard learned counsel for the parties as also perused the status report, Court is not inclined to grant bail in the present matter.
3. F.I.R. No.116/2015 dated 21.10.2015 under the provisions of Sections 15-61-85 of the Narcotic Drugs and Psychotropic Substance Act, stands registered at Police Station, Kot Kehloor, District Bilaspur. As per case of the prosecution, 10 Kg. and 400 grams poppy husk stands recovered from the conscious possession and custody of the accused. It was stored in the Verandah of the house owned by the petitioner/accused. Also, a weighing machine was found near the contraband substance. It appears that the accused is a habitual offender and is regularly indulging in the trade of psychotropic substance. The accused is facing trial in four cases arising out of the said Act.
4. Keeping in view the provisions of Narcotic Drugs and Psychotropic Substance Act, Court is of the considered view that the petitioner has not made out a case as carved out by the Hon'ble Supreme Court of India.
5. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.
6. With the aforesaid observations, present petition stands dismissed.
