ARYAN THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is in custody for his alleged possession of 10.38 grams of heroin in FIR No.43/2023, dtd. 16/2/2023, registered under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') at Police Station West, District Shimla, H.P. By means of the present petition, he is seeking regular bail under Sec. 439 of the Code of Criminal Procedure.

(2.) The prosecution case in nutshell is that on 16/2/2023, the police officials were on routine traffic checking duty. An HRTC Bus, bearing Registration No.HP- 64B-7896, coming from Solan side, was stopped by the police personnel near Shoghi. The bail petitioner was occupying Seat No.50. On asking, he could not satisfactorily answer the queries of the police officials and rather appeared perplexed. The police officials thought it fit to carry out his search. The search was carried out in accordance with law. During search, the Conductor and the Driver of the bus were also associated. The search resulted in recovery of 10.38 grams of heroin kept concealed by the petitioner in a plastic covered woollen glove. The recovery led to registration of the FIR and arrest of the petitioner on 16/2/2023.

(3.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the FIR. He is innocent and has not committed the offence alleged against him. It was further submitted that the petitioner is a student of 10+2 class and has to appear in the examination of one of the subject, i.e. Data Entry Operations, scheduled for 29/3/2023. It was further submitted that the petitioner has no criminal history and he would abide by all the conditions, which may be imposed upon him in case of his enlargement on bail.