CHANDER JOSHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.439 CrPC, prayer has been made on behalf of the bail petitioner namely Chander Joshi, who is behind bars since 1.2.2020, for grant of regular bail in case FIR No. 96, dated 16.12.2019, registered at Police Station New Shimla, under Ss. 22 and 29 Narcotic Drugs and Psychotropic Substances Act and section 18C of Drugs and Cosmetics Act.

(2.) Sequel to orders dated 22.4.2020 and 27.4.2020, respondent-State has filed status report, perusal whereof reveals that on 16.12.2019, Police party present near Phase III bifurcation, BCS, New Shimla apprehended a person namely Aman Gupta with the contraband. Since above named person, after having seen the Police present on the spot, got perplexed, Police conducted his personal search in the presence of two independent witnesses and allegedly recovered 10 strips of tablet namely Nitrosun-10. Since no plausible explanation came to be rendered on record by the above named person for possessing and carrying the above drug, Police, after completion of necessary codal formalities, lodged an FIR, detailed herein above, against the petitioner under aforesaid provisions of law. During investigation, above named person i.e. Aman Gupta, revealed that he purchased prohibited drug named herein above by making call on mobile number 98678-91720, mentioned on website i.e. www.sexmeds. Aforesaid person disclosed to the police that he had received above said drug via DTDC courier. During investigation, Police found that DTDC express courier was dispatched from Preet Vihar, Delhi. On 25.1.2020, Police apprehended co-accused Chintu, who had come to DTDC office Preet Vihar, for sending two parcels. Police recovered 13 strips of Nitrosun-10 tablets from the co-accused Chintu, who further disclosed that he was asked to send courier from DTDC Express Preet Vihar, by another co-accused Sonu, resident of Sidharth Nagar, Uttar Pradesh. On 30.1.2020, above named accused Sonu, came to Police Station Anand Vihar, Delhi, where he was investigated in the presence of co-accused Chintu. Police after having checked the laptop and mobile phone of the accused Sonu, found that he had been purchasing prohibited drug from Meor Pharma, Hargobind Enclave, near Anand Vihar. Investigation reveals that the accused Chintu used to purchase medicines from the above named shop at Hargobind Enclave on the askance of co-accused Sonu, who further used to give Rs.50/- to Chintu for each parcel. On 1.2.2020, Police took accused Chintu to Meor Pharma, Hargobind Enclave, near Anand Vihar, where he disclosed that he used to purchase the medicines from the present bail petitioner, Chander Joshi. Owner of shop Mr. Harbinder Singh Sethi, feigned his ignorance with regard to sale, if any, made from his shop by his salesman, Chander Joshi i.e. present bail petitioner. Bail petitioner, Chander Joshi disclosed to the police that he used to give medicines to Chintu and Sonu, in the absence of owner of shop, Shri Harbinder Singh Sethi. He also disclosed to the Police that he used to give 20% discount to Sonu and Chintu on the sale of drug namely Nitrosun-10. In the aforesaid background, present bail petitioner came to be arrested in the FIR mentioned herein above on 1.2.2020 and since then he is behind the bars.

(3.) As per chemical analysis report submitted by FSL Junga, total weight of Nitrosun-10 tablets (230 tablets) recovered from conscious possession of Aman Gupta and Chintu is 128.40 gram. State Forensic Science Laboratory Junga, in its report also opined that each tablet of Nitrosun contains 10.0 mg of prohibited drug i.e. Nitrazepam.