VIJAY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 8.70 grams of heroin, petitioner is in judicial custody, as an accused in FIR No.181/2021, dtd. 12/11/2021 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.) Acording to the status report, on 12/11/2021 at around 7.50 P.M. an information was received by the police officials that one Deepanshu Gagat alongwith his accomplices was indulging in sale and purchase of Heroin in his rented accommodation and that search of his premises at that point of time could lead to recovery of large quantity of narcotics. Since the information was reliable, therefore, provisions of Sec. 42 of the Act were complied with. A raiding party reached and searched the premises in question, in accordance with law. Apart from Deepanshu Gagat, there were three other persons inside the premises namely Vijay Kumar (bail petitioner), Manish and Piyush Aggarwal.