LAWS(HPH)-2022-2-55

SACHIN MEHTA Vs. STATE OF H.P.

Decided On February 11, 2022
Sachin Mehta Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) For possessing 8.12 grams of heroin, the petitioner has been made an accused in FIR No.6/2022, dtd. 5/1/2022, registered under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') at Police Station Sadar, District Solan. He was arrested on 5/1/2022 and by means of the present petition, prays for his enlargement on regular bail.

(2.) The prosecution case as it comes out from the status report is that on 4/1/2022 at around 10:30 pm, the police officials on patrolling duty, received a secret information that persons coming in an Innova vehicle described in the information were involved in sale and purchase of heroin. The information was reliable, therefore, procedure in accordance with law was followed. The vehicle described in the information was intercepted. During its search, 8.12 grams of heroin was recovered. The vehicle was occupied by the bail petitioner and co-accused Karan Kohli. The recovery led to registration of the FIR and the accused persons were arrested on 5/1/2022.

(3.) Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the FIR. The quantity allegedly recovered from the petitioner falls in the 'intermediate' category under the NDPS Act. Learned counsel further submitted that investigation in the matter is complete. Nothing remains to be recovered from the petitioner. He further submitted that in case of his enlargement on bail, the petitioner will not influence the prosecution witnesses or tamper the prosecution evidence and will abide by all the terms and conditions, which may be imposed upon him by this Court.