SUNIL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case FIR No. 49 of 2022 dtd. 23/3/2022 registered at Police Station, Dharampur, District Solan, H.P. under Ss. 21 and 29 of the Narcotics Drugs and Psychotropic Act, 1985.

(2.) Petitioner along-with his co-accused named Sunny Adwan were apprehended by the police at Dharampur, District Solan, H.P. on 23/3/2022 at about 4.10 p.m., while sitting in vehicle No. HP64-4528 (Alto car). The police had prior secret information that petitioner and Sunny Adwan were carrying contraband and were involved in its sale to the consumers. Heroin weighing 11.20 grams was recovered from the vehicle occupied by the petitioner and his co-accused. Petitioner and his co-accused were arrested and petitioner is in custody since then. The investigation is stated to be complete and challan has been presented in the Court on 13/5/2022.

(3.) Petitioner has approached this Court for grant of bail in the above noted case on the grounds that he is innocent. Nothing has been recovered from his conscious possession. It is stated that petitioner is of young age. The investigation has been completed and no fruitful purpose shall be served by prolonging the custody of the petitioner. Petitioner has undertaken not to tamper with the prosecution evidence. He has also undertaken to abide by all the conditions that may be imposed against him. It is submitted that petitioner is also an accused in another FIR under the NDPS Act involving small quantity of heroine.