ROHIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 439 of the Criminal Procedure Code, the petitioner is seeking bail in case F.I.R. No.200/2022, dtd. 14/8/2022, registered at Police Station West Boileauganj, District Shimla, H.P., under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act").

(2.) The prosecution story, in brief, is that on 14. 08.2022, at about 1:50 am, while the police party was on routine patrolling duty towards Sankatmochan, Taradevi and Shoghi, in the meantime one HRTC Bus bearing Registration No. 37H-2266 came from Solan side, which was stopped for checking. During checking, when the police party reached at seat No. 37, 38 and 39(W) a young man was found sitting on seat No.38, who was holding a gray coloured bag in his lap. When he was asked about the reason for travelling in the bus, no satisfactory answer was given. During investigation, the person sitting on Seat No.38 disclosed his name Rohit and his friend Chaman Kalta was sitting on seat No.43. Both of them had gone to Delhi. Thereafter, when the bags were searched in front of the witnesses, the accused Rohit Kumar sitting on seat No.38 was holding the bag in his lap, which had three chains on it. On checking the bag, it was containing light brown substance, which was Heroin/chitta. Both the accused revealed that both of them had brought chitta from Delhi. On weighment, it was found to be 55.03 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against accused Rohit Kumar and Chaman Kalta and they were arrested.

(3.) The learned counsel for the petitioner has submitted that the bail petition has been filed on the ground that though the petitioner was released on bail, however, on 10. 01.2023 the petitioner (accused) could not put his personal appearance before the learned Trial Court, as a result of which non-bailable warrant was issued against him. He further contended that the petitioner is ready to furnish personal and surety bonds and he undertakes to abide by all such terms and conditions, as imposed by this Court, in the event of his release by this Court.