RAHUL VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Rahul Verma, who is behind the bars since 11.3.2020, has approached this Court by way of instant petition filed under S.439 CrPC, for grant of regular bail in FIR No.59 of 2020 dated 11.3.2020, registered at Police Station Sadar, District Solan, HP under Ss. 21 and 22 of Narcotic Drugs & Psychotropic Substances Act.

(2.) Sequel to order dated 22.4.2020, respondent-State has filed status report through email, which is taken on record.

(3.) Perusal of the status report made available to this Court reveals that on 11.3.2020, police after having received a secret information, intercepted a car bearing registration No. HP-09C-6270 near Victory Tunnel, Shimla and allegedly recovered 73.21 grams of heroin. At the time of alleged recovery five persons, namely Pradeep Kumar, Akshay Chauhan, Sandeep Kumar, Dinesh Kumar and the present bail petitioner-Rahul Verma, were sitting inside the car. Since the police recovered a half burnt ten rupee currency note from the dashboard of the vehicle in question, they deemed it necessary to conduct personal search of the occupants of the car. Police, after having received consent of all the occupants of the vehicle, including bail petitioner, conducted their personal search. During search conducted before the Executive Magistrate, Police recovered heroin weighing 73.21 grams from the underwear of co-accused Dinesh Kumar. As per status report, none of the accused, save and except Dinesh Kumar, was found to be carrying any contraband on their persons. Police also recovered currency amounting to Rs. 35,300/- from the pocket of the co-accused, Dinesh Kumar, which he had allegedly collected from other co-accused for the purpose of the heroin/Chitta. Though the above named accused, Dinesh Kumar disclosed to the police that he had purchased heroin/Chitta at Shoghi from a person namely Gaurav Bakshi, resident of Haryana, but such person could not be apprehended. Investigating agency is in the process of obtaining call detail report of said person so as to ascertain his complicity in the offence involved in the present case.