RAJAT AUKTA 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. 21/2023, dtd. 5/3/2023, registered at Police Station Jubbal, 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 5/3/2023, at around 7:30 P.M., while a police party was on routine patrolling duty and reached near place Guntu, they saw a person standing near a shop, which was closed. On seeing the police party, the person tried to run away and when police party chased him, he threw a polythene packet from his pocket. On suspicion, the police party associated Rajesh Tejta and Bhopeshwar Singh as independent witnesses in the proceedings, in whose presence, the person disclosed his name as Rajat Aukta alias Bunny. On opening of the said polythene packet, light gray coloured solid substance was recovered, which was found to be chitta/heroin. On weighment, the recovered contraband was found to be 25.40 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the petitioner. Consequently, he was arrested.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in this case. He has further contended that investigation in this case is almost complete and nothing remains to be recovered at the instance of the petitioner, as such, the petitioner, who is in custody since his arrest, is required to be released on bail.