SANDEEP THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition seeking the grant of regular bail. It has been asserted that FIR No. 205 of 2023, dtd. 22/10/2023 was registered against the petitioner for the commission of offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'ND&PS Act') at Police Station, Dhalli, District Shimla, H.P. As per the police version, the police party searched the vehicle bearing registration no. HP-62-B-0645. The petitioner was occupying the driver's seat. The police searched the vehicle based on suspicion in the presence of independent witnesses and recovered 8.54 grams of heroin. The petitioner is innocent and he was falsely implicated. The investigation has been completed and the petitioner is not required by the police. The petitioner has been in custody since 22/10/2023. The petitioner would abide by all the terms and conditions, which may be imposed by the Court. Hence the present petition.

(2.) The petition was opposed by filing a reply, asserting that the police party was on patrolling duty. They found a vehicle bearing registration no. HP-62-B-0645 parked on the roadside. The petitioner was occupying the driver's seat. The police inquired his name but the petitioner tried to run away. The police apprehended the petitioner and searched the vehicle in the presence of independent witnesses. The police recovered the electronic weighing machine and 8.54 grams of heroin. The police seized the heroin and arrested the petitioner. The petitioner revealed on inquiry that he had purchased the heroin from Honey for Jeet Ram, who revealed that he had purchased the heroin for his consumption. The petitioner identified Honey who was arrested. The petitioner, Jeet Ram and Honey Kumar are in judicial custody. The challan is being prepared against the petitioner and other accused.

(3.) I have heard Mr. Harsh Vardhan, learned Counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General for the respondent-State.