Rakesh Kainthla, Judge

The petitioner has filed the present petition for seeking regular bail in FIR No. 60 of 2025, dated 14.3.2025, registered at Police Station Sadar, District Kullu, H.P., for the commission of offences punishable under Sections 20, 21 and 25 of the Narcotics Drugs and Psychotropic Substances Act (NDPS Act), 1985.

It has been asserted that, as per the prosecution, the police had recovered 6.52 grams of heroin and 6.88 grams of charas from the main accused. The petitioner has been impleaded under Section 29 of the NDPS Act. The allegations against the petitioner are false. No recovery was effected from the petitioner. The petitioner has been in judicial custody since his arrest. The petitioner was involved in eleven cases, including the present one, out of which, eight cases are registered under the NDPS Act. He was acquitted in three cases and was sentenced in two cases. The police have filed the charge sheet, and no fruitful purpose would be served by detaining the petitioner in custody. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

The petition is opposed by filing a status report, asserting that the police party was on patrolling duty on 14.3.2025. A motorcycle bearing registration No. HP-34E-4261 came to the spot at about 3.10 PM. The rider was not wearing a helmet. The police signalled him to stop, but he tried to turn and sped away. The police apprehended him and searched him in the presence of independent witnesses. The police recovered 6.88 grams of charas and 6.52 grams of heroin. The rider identified himself as Bhawan Sood. The police arrested him and seized the charas and heroin. He initially revealed that charas and heroin were purchased from a Nepali, but subsequently named the petitioner as the seller. As per the report of analysis, the heroin was confirmed to be a sample of diacetylmorphine and the charas was confirmed to be the extract of cannabis. The police obtained the call detail record and the bank account statement. The petitioner and Bhawan Sood (co-accused) had talked to each other 11 times from 1.1.2025 to 14.3.2025. Bhawan Sood paid ₹69,500/- to the petitioner on different dates. The police searched the petitioner’s house on 10.4.2024 and recovered the electronic weighing machine and a polythene bag containing some brown substance. The police seized them. These were sent to FSL, and as per the report, traces of diacetylmorphine (heroin) were found in the transparent poly packets. Eight FIRs were registered against the petitioner under the ND&PS Act, 02 FIRs were registered under the Forest Act, and 01 FIR was registered under Section 174-A of IPC. The petitioner was convicted in FIR Nos. 120 of 2011 and 85/15 and was acquitted in FIR No. 601 of 2008, 395 of 2009, 6 of 2013 and 110 of 2018. The charge sheet was filed before the Court on 9.5.2025. The prosecution has examined 9 witnesses out of 25 witnesses cited by it. The matter is listed for recording the statements of prosecution witnesses on 23.6.2026 and 24.6.2026. Hence, the status report.

I have heard Mr Bhupinder Singh Ahuja, learned counsel for the petitioner and Mr Jitender Sharma, learned Additional Advocate General for the respondent/State.

Mr Bhupinder Singh Ahuja, learned counsel for the petitioner/accused, submitted that the petitioner is innocent and he was falsely implicated. There is no material to connect the petitioner to the commission of a crime. No recovery was effected from him. More than one year has elapsed since the petitioner’s arrest, and the prosecution has failed to complete the evidence, which violates the petitioner’s right to a speedy trial. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

Mr Jitender Sharma, learned Additional Advocate General for the respondent/State, submitted that the petitioner had earlier filed a bail petition before this Court, which was dismissed. This