SATYAM PANCHAL 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. 158/2022, dtd. 16/12/2022, registered at Police Station Theog, District Shimla, H.P., under Ss. 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act").

(2.) The prosecution story, in brief, is that on 16. 12.2022, while police party was on patrolling duty and around 3:10 p.m., reached near place Jagedi, they received an information that one Wagon R, bearing registration No. DL 8C 6599, is parked on the road near Five Star Hotel at Nangal Devi, in which, there are three persons, who have chitta/heroin with them. Accordingly, the police associated one Ramesh as an independent witness in the proceedings and reached the aforesaid place, where they saw a car parked on the road, in which there were three persons sitting. On asking, the person sitting on the driver seat of the vehicle disclosed his name as Praveen and the person sitting on the co driver seat disclosed his name as Karan Sharma, whereas the person sitting on the rear seat of the vehicle disclosed his name as Saytam Panchal (petitioner herein). During search of the vehicle, near gear box one transparent polythene packet was found. On opening of the said polythene packet, some solid light gray coloured substance was found. When the said substance was checked with the help of Kit, it was found to be chitta/heroin. On weighment, it was was found to be 76.51 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove has been registered against the accused persons. Consequently, the accused persons were 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 complete and nothing remains to be recovered at the instance of the petitioner and as such, the petitioner, who is only 20 years old boy and is in custody since his arrest, is required to be released on bail.