MOHIT THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 7.65 grams of heroin, petitioner is in judicial custody, as an accused in FIR No.02/2022, dtd. 1/1/2022 registered under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the 'Act' hereinafter) at Police Station Sadar, District Solan H.P. By means of instant petition, he is seeking regular bail under Sec. 439 of the Code of Criminal Procedure.

(2.) I have heard learned counsel for the parties and gone through the status report.

(3.) According to the status report, on 1/1/2022 at around 7.30 P.M. a police party was on routine patrol duty near Shamti Bazar in District Solan. It received a secret information that the petitioner alongwith two other accomplices namely Sh. Vinay Sharma and Pranav were indulging in sale and purchase of Heroin in a vehicle near the spot described in the information and their search at that point of time could lead to recovery of large quantity of Heroin. Since the information was reliable, therefore, provisions of Sec. 42 of the Act were complied with. The raiding party reached the spot in question, where three persons were found sitting in a car bearing registration No.HP-14C-1156. The petitioner was on the driver seat of the vehicle, whereas accused Sh. Vinay Sharma was on the front seat and the other accused Sh. Pranav was on the back-seat. Search of the vehicle was carried out in accordance with law. During search, 7.65 grams of Heroin was recovered from dash-board of the vehicle, which led to registration of the FIR and arrest of the accused persons.