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2016 DIGILAW 2404 (HP)

Subhash Chand v. State of Himachal Pradesh

2016-11-15

CHANDER BHUSAN BAROWALIA

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JUDGMENT : Chander Bhusan Barowalia, J. The present bail application is maintained by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail in case FIR No.43 of 2016, dated 9.3.2016, under Sections 21 and 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act’), registered at Police Station, Ghumarwin, District Bilaspur, H.P. 2. As per the petitioner, he is innocent and is falsely implicated in this case. 3. As per the prosecution story, 30 bottles of Relaxcof were recovered from the conscious and exclusive possession of the accused, having 100 ml. each codeine phosphate. Accused was also found in possession of 60 strips of Tramadol Hydrochloride Paracetamol tablets containing 10 tablets in each strip i.e. 600 tablets. During the course of investigation, two bottles of Relaxcof was also recovered from the possession of accused Subhash Chand son of Ram Parkash without any valid permit or licence. Total 32 bottles of Relaxcof containing 100 ml. each recovered alongwith 600 tablets. 4. Learned counsel for the petitioner has argued that the petitioner is innocent, falsely implicated in this case and may be released on bail. 5. Learned Additional Advocate General has argued that the petitioner has committed serious crime and in fact is spoiling the atmosphere of new generation by supplying narcotics to the small children and otherwise also the quantity is commercial in nature. 6. After going through the record of this case, this Court finds that the petitioner is involved in the crime which is affecting the society. It has also come on record that so many cases were registered against the accused by the police for the similar offences. 7. Taking into consideration the above facts, it is clear that the offence is affecting a very large number of people and there is every possibility that accused shall repeat such offence. This Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is not required to be exercised in favour of the petitioner. 8. In view of the above, the petition, being devoid of any merits, deserves dismissal and is accordingly dismissed.