IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP (M) No.1070 of 2025 Date of Decision: 23.05.2025 ------------------------------------------------------------------------------------------------ Ashutosh Attri ...Petitioner Versus State of Himachal Pradesh …Respondent -----------------------------------------------------------------------------------------------

Coram:

The Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?

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For the Petitioner: Mr. Sangram Singh Chandel, Advocate.

For the Respondent: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondent-State.

HC Mahender No. 62, PS Parwanoo, District Solan, H.P. present in person.

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Sandeep Sharma, J. (Oral)

Bail petitioner namely Ashutosh Attri, who is behind bars since 17.12.2023, has approached this Court in the instant proceedings filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita (hereinafter ‘BNSS’) for grant of regular bail in case FIR No.136 of 2023, dated 17.12.2023, under Sections 21 and 29 of ND & PS Act, registered at Police Station Parwanoo, District Solan, H.P. Pursuant to order dated 09.05.2025, respondent-State has filed the status report and HC Mahender has come present with record.

1 Whether reporters of the local papers may be allowed to see the judgment?

2. Close scrutiny of record/status report reveals that on 17.12.2023, police after having received secret information that persons namely Vikas Thakur @ Khaula, Rajesh Kumar @ Batto, Devender Batta and present bail-petitioner namely Ashutosh Attri indulge in illegal trade of narcotics and they may be carrying huge quantity of contraband in their Bolero Car bearing registration No. HP-14B-3460, laid down nakka and intercepted the aforesaid vehicle at a place called Bhojnagar. Allegedly police recovered 10.24 grams Chitta/heroin from the console of aforesaid vehicle in the presence of independent witnesses. Since, no plausible explanation ever came to be rendered qua possession of aforesaid quantity of contraband, police after having completed all necessary codal formalities, lodged FIR, detailed hereinabove and since then, bail-petitioner and co-accused Rajesh Kumar @ Batto are behind bars, whereas other co-accused Vikas Thakur @ Khaula, Devender Batta and Ashwani Kumar stand enlarged on bail. Since occupants of the car allegedly disclosed to the police that they had purchased contraband from person namely Ashwani Kumar, R/o Dadumajra, Chandigarh, Police also arrested the aforesaid person, but he also stands enlarged on bail. Since challan stands filed in the competent Court of law and nothing remains to be recovered from the bail-petitioner, coupled with the fact that charge has not been framed, petitioner has approached this Court in the instant proceedings for grant of regular bail on account of inordinate delay in conclusion of trial.

3. Mr. B.C.Verma, learned Additional Advocate General, while fairly admitting factum with regard to filing of the challan in the competent court of law, states 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. Mr. Verma, states that there is overwhelming evidence adduced on record suggestive of the fact that bail-petitioner is a drug peddler and in the event of his being enlarged on bail, he may not only flee from justice, but may again indulge in these activities. He further states that in past three cases already stand registered against the petitioner under ND &PS Act and as such, there is every likelihood of the petitioner indulging in these activities again.

4. Having heard learned counsel for the p