SARDEEP THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No. 04 of 2022, dtd. 11/1/2022, at Police Station Chotta Shimla, District Shimla, H.P. under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"). Petitioner was arrested on 11/1/2022. He was remanded to judicial custody till 15/1/2022. However, he was produced before the learned Additional Chief Judicial Magistrate (1), Shimla on 14/1/2022, on which date, he was remanded to judicial custody.

(2.) Petitioner has prayed for grant of bail under Sec. 439 Cr.P.C., in the above noted case, on the grounds that the investigation in the case have already been completed. No further recovery is to be effected from him. His further incarceration shall serve no purpose. Petitioner has undertaken to abide by all the conditions, as may be imposed. Petitioner is permanent resident of Village and Post Office, Samoli, Tehsil Rohru, District Shimla, H.P. There is no likelihood of his absconding or fleeing from the course of justice. Petitioner has undertaken not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

(3.) In response, the respondent has filed status report alleging inter alia that on11/1/2022, the police party was on routine patrol and at about 6.40 p.m. they found a person sitting in a rain shelter near place 'Fairview' on Forest Road Shimla, who was holding a carry bag in his hands and had tried to place the said bag between his legs on noticing the police. On suspicion, the person was questioned, who admitted to be carrying 'heroin' (Chitta) in his bag. Independent witness was associated. The person carrying the bag disclosed his name as Sandeep (Petitioner). On search of the bag, 8 grams of 'heroin' (chitta) was recovered, besides, 25 Nos. folded empty foil papers and currency notes of Rs.15,000.00. The contraband was seized. Petitioner was placed under arrest. On further investigation, petitioner disclosed his name Sardeep Kumar @ Sandeep Kumar. Petitioner is alleged to have admitted that had been purchasing the contraband from one Gagandeep Singh for further sale for the last about one year. He also claimed certain other persons to be involved with him. The investigation is said to be still pending. It is apprehended that in case of release of petitioner on bail, he can influence or threaten the witnesses and can also affect the further investigation in the case.