RAJIV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner is accused of supplying 11.17 grams of heroin to four other accused persons in FIR No. 26 of 2023, dtd. 17/3/2023, registered under Ss. 21 and 29 of Narcotic Drugs and Psychotropic Substances Act (the Act in short) at Police Station East Shimla, District Shimla, H.P. The petitioner has prayed for his enlargement on regular bail.

(2.) The prosecution case is that the police officials were on patrol duty on 16/3/2023. At around 12:15 a.m., patrol party noticed a vehicle near Sai Mandir Pujarli, Shimla heading towards Mehli. The light inside the vehicle was on and four persons were found sitting therein. The police officials asked the occupants of the vehicle the reasons for their sitting in the vehicle. No satisfactory response came. Due to night hours, the activities of these four persons raised suspicion in the mind of the officials. They thought it fit to carry out search of the vehicle. The person sitting on the driver seat disclosed his name as Chirag Sood. The person sitting adjacent to the driver seat disclosed his name as Paras Chauhan. The persons occupying the back seat gave their names as Sahil Chona and Akhil. The vehicle was searched in accordance with law. In a plastic pouch, recovered by the police officials from the box near the Gear liver, 11.17 grams of heroin was found. This recovery led to registration of the FIR and arrest of all the four occupants of the vehicle. During investigation, the accused stated to have procured the heroin for a sum of Rs.65000.00 from Rajiv Kumar (petitioner herein). On the identification of co-accused, Chirag Sood, petitioner was arrested on 19/3/2023. The respondent carried out investigation from the petitioner as well. During investigation, it transpired that the petitioner was drug addict and had been consuming heroin for the last many years. For the past 5-6 months, efforts were being made by his mother for petitioner's treatment and de - addiction. The status report filed by the respondent mentions that the petitioner during investigation had disclosed procuring the heroin from some unknown person of Nigerian Nationality in Ambala.

(3.) Learned counsel for the petitioner stated that the petitioner has not committed the offence alleged against him. In any case, the respondent has completed the investigation. No recovery is to be effected from the petitioner. The petitioner is behind the bars w.e.f. 19/3/2023. He is the only son of his single mother. Even as per status report, for the past six months, petitioner's mother has been making serious efforts for the treatment of the petitioner and for his de-addiction. Prayer was made to enlarge the petitioner on bail. It is further submitted that the petitioner will abide by all the terms and conditions, which may be imposed by the Court while allowing his request for releasing him on bail.