ROHIT Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 20.02 grams of Heroin, the petitioner, who is under arrest, on being arraigned as an accused in FIR Number 148/2019 dated 14.7.2019, registered under Sections 21, 29 of the Narcotic Drugs and Psychotropic Substances Act (after now called "NDPS Act") and 181 of the Motor Vehicles Act, 1988, in the file of Police Station, Sadar Solan, Solan, H.P., disclosing non-bailable offences, has come up before this Court under Section 439 CrPC, seeking regular bail.

(2.) Status report stands filed in Cr.MP(M) No.165/2020. 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. I have heard learned counsel for the petitioner and learned Additional Advocate General, for the respondent/ State.

(3.) The gist of the First Information Report and the investigation is that on 14.7.2019, the Police party was present at Solan city within the jurisdiction of Police Station, Sadar Solan. The Police party had proceeded in a private vehicle for deduction of crime and to erect a Check Post for the said purpose at a place known as Dohri Diwar. At around 11:45 a.m., when the Police party was present at Dohri Diwar, then one motorcycle bearing No.HP-16-8160 came from Barog side. There were two persons sitting on the motorcycle. The Police party asked them to stop and after stopping, the person who was sitting on the back seat threw a small bag on the hill side near the road. On asking, the driver of the motorcycle revealed his name as Arun Sharma. The person, who was sitting on the rear seat and had thrown the bag revealed his name as Rohit, resident of Solan and of Nepali origin, the present bail petitioner. On this, the Police party prima facie had reasons to believe that the bag which the pillion rider had thrown contain some narcotic substance. Thereafter, the Police party stopped one car and associated its occupants as independent witnesses. After that, the Police picked up the said bag thrown by the pillion rider of the motorcycle, Rohit Kumar. In the said bag, there was one cigarette packet and within that there was a polythene pouch which contained a yellow coloured substance. The pouch also contained nine insulin syringes, one steel spoon and one lighter.