DIPESH CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 37.77 grams of heroin, the petitioner, who is under arrest, on being arraigned as accused in FIR Number 22 of 2020, dated Feb 15, 2020, registered under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (after now called " NDPS Act "), in the file of Police Station Sadar Solan, District Solan, HP, disclosing non-bailable offences, has come up before this Court under Section 439 CrPC, seeking regular bail.

(2.) Status report stands filed and taken on record. I have seen the status report(s) as well as the Police file, to the extent it was necessary for deciding the present petition, and heard learned Counsel for the parties.

(3.) The gist of the First Information Report and the investigation is that on Feb 15, 2020, Police party was conducting patrolling duty in plain clothes to Whether reporters of Local Papers may be allowed to see the judgment? detect crime within the jurisdiction of Police Station Sadar Solan, Distt. Solan. At 3.00 p.m. when the police party reached at a place near Mohan Park in Chambaghat then they received a secret information that Dipesh Chauhan who has taken premises on rent on the ground floor of a building known as Kapoor Villa, near the Bharat Petrol Pump, is present in his house and five - six boys and girls are consuming drugs. The informant further told the police that even now they have huge quantity of Heroin with them. On this the police officials complied with the provisions of Section 42(2) of the NDPS Act and proceeded towards the rented premises of aforesaid Dipesh Chauhan. After associating independent witnesses the police party knocked at the door of the said rented premises on which one person opened the door who on inquiry revealed his name as Dipesh Chauhan, the petitioner herein. Within the room three more boys and two girls were also present and all these boys and girls were almost of the same age group. Police also noticed foil paper which had carbon on it and a folded ten rupees currency note. All these were tell tale signs of consumption of drugs. The police also recovered a pouch which was kept below the clipboard and recovered dark brown coloured substance from the same. When the police officials weighed the recovered substance on a digital weighing machine it measured 37.77 grams. Prima facie, the recovered contraband was identified as Heroin. Subsequently, the Police party also complied with the procedural requirements under the NDPS Act and the CrPC and arrested all these six persons including the bail petitioner. ANALYSIS AND REASONING: