RAJAT Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 483 of the BNSS, 2023, is for grant of regular bail to the petitioner in FIR No.08 dtd. 13/4/2024 registered under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') at Police Station ANTF, Sector 11, Chandigarh.

(2.) As per the prosecution version, on 13/4/2025, while on crime control duty near SB Sr. Secondary School, Sector 24, Chandigarh, HC Rakesh Kumar received an information about a boy selling drugs near House No.2159, Sector 24-C. The boy, identified as Rajat, was allegedly concealing drugs at different locations, sharing videos and locations with buyers, and receiving payments online. Acting on the tip-off, Rajat was apprehended and during a personal search, two plastic pouches containing 15.36 grams of Heroin and 2.04 grams of crack balls were recovered. Upon interrogation, Rajat disclosed that he sourced the drugs from a person named Vivek of Sector 52, Chandigarh, and that both had procured drugs from Ferozepur and Amritsar, Punjab. Rajat further revealed that he concealed the drugs at various locations as per Vivek's instructions, who then sent the details to customers and received payments, part of which was forwarded to Rajat. Hence, the impugned FIR was registered.

(3.) Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the FIR (supra). The contraband, which is allegedly recovered from the possession of the petitioner does not fall within the ambit of commercial quantity, as such, the embargo created under Sec. 37 of the NDPS Act, would not apply in the present case. Further, the investigation is complete and petitioner is not involved in any other case. The petitioner is behind the bars since 13/4/2025.