KARAN THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has prayed for grant of bail under Sec. 439 of the Cr.P.C. in Case FIR No.204 of 2022, dtd. 12/10/2022, under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act"), registered at Police Station Solan, District Solan, H.P. The petitioner is in police custody since 12/10/2022.

(2.) The case of the police is that a secret information was received during the intervening night of 11. 10.2022 and 12/10/2022 to the effect that three persons named Karan Thakur, Yashpal Thakur and Vipul Verma were travelling in vehicle No. HP-63A-5557 (Alto K-10) towards Shimla from Dharampur via Barog and were indulging in trade of heroin/Chitta. Report under Sec. 42(2) of the NDPS Act was prepared and nakka was laid. At about 11.40 p.m., vehicle No. HP-63-A-5557 was apprehended near Panch Parmeshwar temple, Deonghat, Solan. The vehicle was found to be occupied by three persons including the petitioner. The names of other two persons were Vipul Verma and Yash Pal Thakur. On search of the vehicle 9.08 grams of heroin/Chitta was recovered from the dashboard of the vehicle. Petitioner was arrested along with other co-accused.

(3.) As per status report submitted on behalf of respondents, during investigation the petitioner and other co-accused had disclosed that they were addicted to drug abuse. Status report also reveals that accused Vipul Thakur was involved in three other cases under Sec. 21 of the NDPS Act. Accused Yash Pal was involved in a case involving offences under Ss. 341, 323, 506 and 304 of the IPC and petitioner was involved in a case under Sec. 279 of the IPC and Sec. 187 of the Motor Vehicles Act. The investigation is stated to be complete and challan stands filed in the Court on 24. 11.2022.