HEMANT SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 of Code of Criminal Procedure (in short 'Cr.PC'), seeking regular bail in case FIR No. 27 of 2022 dtd. 3/2/2022, registered under Ss. 21 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') in Police Station Dharampur, District Solan H.P.

(2.) Status report stands filed. Record was also made available.

(3.) Prosecution case, in brief, is that on 2/2/2022 at about 6.40 PM police party, while on patrolling near Toll Plaza Sanwara, received a reliable information from a faithful informer that two young men namely Hemant Sharma (petitioner) and Umesh Thakur are selling and purchasing chitta in Bolero No. HP-64A-0518 in Jabli Bazar near Ashish Hotel and on raiding the vehicle immediately, huge quantity of heroine could be recovered. Information was firm and reliable, but, there was possibility of disappearance of contraband and evidence, therefore, a written information was prepared under Sec. 42(2) of NDPS Act and was sent to Supervisory Officer, SIU Solan, through C.Naveen Kumar. Thereafter, police party, after associating two independent persons Bhupinder Singh Thakur and Sandeep, moved towards Jabli Bazar and reached near Ashish Hotel at 7.20 PM, where Bolero vehicle, in reference, was found parked on side of road with two occupants therein. Police party informed them about information received through informer and asked their identity. Person sitting on driving seat was found Umesh Thakur and another person sitting along with him on co-driver seat was Hemant Sharma (petitioner). Search of Bolero was conducted by following the prescribed procedure. During search, a transparent plastic pouch, containing orange colored soft powder was found kept below the footmat of co-driver seat. Occupants of vehicle had disclosed that it was chitta/heroine and it was verified with the help of drug detection kit. On weighing with the Digital Weighing machine, it was found 6.37 grams. The recovered contraband was taken in possession and seized by following the procedure. Ruka was sent for registration of FIR. After registration of FIR, petitioner along with co-accused was arrested on 3/2/2022 at 3.45 AM. After remaining for three days in police remand, petitioner is, now, in judicial custody since then.