AKSHAY CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 99.70 grams of Heroin (Chitta), the petitioner, who is under arrest, on being arraigned as accused in FIR Number 02/2020 dated 3.1.2020, 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, West District Shimla, HP, disclosing non-bailable offences, has come up before this Court under Section 439 CrPC, seeking regular bail.

(2.) SI Jaspal Singh, Police Station, West District Shimla, H.P., is present alongwith record. Record perused and returned. Status report stands filed. 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 3.1.2020, when ASI Roshan Lal, IO Police Post, Shoghi, alongwith C. Suraj Negi No.121, C. Ajmer Ali No.834 at about 9.30 p.m., was patrolling and traffic checking near Shoghi Barrier, then a vehicle bearing No.HP-63A- 5415 came from Solan side in which including driver, three boys and a girl were sitting. On asking, the driver of the vehicle disclosed his name as Prajjawal Janartha and the other person sitting on the front seat disclosed his name as Akshay Chauhan. The third person sitting on the back seat dis- closed his name as Sahil Rajta and the girl disclosed her name as Arti Chauhan. On asking the documents of the vehicle, the driver handed over the RC and Insurance to the Police and being perplexed, he threw some article from the pocket of his pant between his legs. On the spot, no independent witnesses could be associated and in the presence of C. Suraj Negi and Ajmer Ali, the article thrown by Prajjwal Janarath, was checked, which contained two polythene packets which were tied, two foil papers and a ten rupee note which was wrapped in the shape of stick. On checking the packets, the same contained brown coloured substance which on smelling and on the basis of experience was found to be Heroin (Chitta). On weighing the contraband substance, it was found to be 99.70 grams. Subsequently the police party also complied with the procedural requirements under the NDPS Act and the CrPC and arrested the petitioner.