JUMMA DEEN 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. 124/2023, dtd. 9/7/2023, registered at Police Station Dhalli, 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 8/7/2023, the policy party was on routine patrolling duty. At about 6:45 P.M., when they were present near Dhalli Tunnel, they received a secret information that Jumma Deen (petitioner herein) and Akhtar, who jointly run tailoring shop near Soni Lodge, Dhingu Baawri, under the name and style of 'Sameer Tailor', are engaged in the illegal trade of the selling chitta /heroin. Accordingly, the police party proceeded towards the said shop and associated Baljeet Singh Thakur and Hari Raita as independent witnesses in the proceedings. In presence of the aforesaid witnesses, shop of the accused persons was searched and during search, from the wooden counter, a transparent polythene pouch, containing light brown coloured substance was recovered, which was chitta/heroin. The police party also recovered burnt foil paper, burnt currency note, electric weighing scale and a sum of Rs.6780.00 from the wooden counter. On weighment, the recovered heroin was found to be 8.75 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the accused persons and they were arrested.

(3.) The bail petition has been filed on the ground that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner has contended that investigation in this case is complete and nothing remains to be recovered at the instance of the petitioner, as such, he deserves to be released on bail.