Himachal Pradesh High Court
Decided On: 23.12.2024 vs State Of Himachal Pradesh on 23 December, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:15564
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr.MP(M) No.:2806 of 2024
Decided on: 23.12.2024
Ashwani ...Petitioner
Versus
State of Himachal Pradesh ...Respondent
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1
For the petitioner: Mr. Goldy Kumar, Advocate.
For the respondent: Mr. Pushpinder Jaswal, Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
ASI Rajpal, IO Police Station, Damtal, Police District
Nurpur, HP, present with case record.
2. By way of this petition filed under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, 2023, the petitioner has prayed
for grant of bail in FIR No. 123 of 2021, dated 23.10.2021, registered
under Sections 21 and 61 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereinafter to be referred as ‘ND&PS Act‘for
short) at Police Station Damtal, Police District Nurpur, H.P.
3. Learned Counsel for the petitioner submits that the
1
Whether reports of the local papers may be allowed to see the judgment?
Whether reporters of the local papers may be allowed to see the judgment?
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2024:HHC:15564
petitioner has been allegedly apprehended with 11.07 grams of
Chitta on 23.10.2021 and since then, the petitioner is in custody. He
submits that the petitioner is in custody for more than three years
now, therefore, the petitioner be released on bail as the alleged
quantity of contraband recovered from him is intermediate.
4. Status report has been filed, which is perused and
ordered to be taken on record. On the strength of the contents
thereof, learned Additional Advocate General submits that no mercy
can be shown to the petition as he is a habitual offender and
besides this, there were 13 other FIRs registered against the
accused, including three under the provisions of the ND&PS Act, 7
FIRs being registered under the Excise Act and the petitioner has in
fact been convicted in more than one trial, which were conducted
against him.
5. Having heard learned Counsel for the parties and
having perused the status report, this Court is of the considered
view that the petitioner cannot be ordered to be released on bail in
this case. It could not be disputed by learned Counsel for the
petitioner that besides this FIR, earlier 13 FIRs have been registered
against the accused. This includes three FIRs under the ND&PS
Act. The petitioner was convicted in FIR No. 47 of 2014, registered
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2024:HHC:15564
against him under Sections 414 and 411 of IPC & Sections 21, 22
and 61 of the ND&PS Act for a period of 10 years alongwith a fine of
Rs.1.00 Lac on 11.03.2015. The petitioner has also been convicted
for commission of offence punishable under Section 61-1-14 of the
Excise Act in FIR No. 88 of 2012, for a period of two years alongwith
fine of Rs. 2.00 Lac. He has also been convicted in other FIRs
registered against him, details whereof are provided in the status
report.
6. Taking into consideration the fact that there is each and
every probability that the petitioner may again indulge in the
commission of same and similar offence, if released on bail, and
further as it is evident from the record that the petitioner is a habitual
offender, this Court does not find it appropriate to exercise its
discretion to release the petitioner on bail. It is also evident from the
status report that now statements of only eight witnesses remain to
be recorded, which demonstrates that the trial is going to conclude
soon.
In light of above observations, this petition is dismissed.
(Ajay Mohan Goel)
Judge
December 23, 2024
(narender)
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