ABDUR REHMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner seeks his enlargement on regular bail in FIR No.75 of 2023, dtd. 24/3/2023, registered under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act') at Police Station West, Boileauganj, District Shimla, Himachal Pradesh.

(2.) The prosecution case is that on 23/3/2023 at about 7:00 p.m, a secret information was received about involvement of two persons, namely, Mohd. Danish and Abdur Rehman (bail petitioner) in business of selling heroin. The information was to the effect that search of these two persons at that time at the described location could result in recovery of heroin. The information was reliable. The police party constituted by the respondent reached the place mentioned in the information. The persons described in the information were found at the spot. Their search was carried out in accordance with law. During the search, heroin weighing 8.14 grams was recovered from the possession of co-accused Mohd. Danish. This led to registration of the aforesaid FIR and arrest of the petitioner and co-accused Mohd. Danish. Investigation was carried out by the respondent. During investigation, accused persons disclosed having purchased the contraband from an unknown person in Chandigarh.

(3.) Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the FIR. The contraband was not recovered from the petitioner. Learned counsel also submitted that the petitioner has been behind the bars for about two months. Investigation in the matter has been completed by the respondent. Learned counsel further submitted that the petitioner will abide by the terms and conditions of the bail and shall not make any threat, promise or inducement to the prosecution witnesses.