ROHIT KUMAR SHARMA 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. 13/2023, dtd. 7/1/2023, registered at Police Station Sadar, District Mandi, H.P., under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act").

(2.) The prosecution story, in brief, is that on 7. 01.2023, the police party had laid a nakka at Bindavani Four lane road. Around 1:30 p.m., a private bus came from Pandoh side, which was signaled to stop. Thereafter, the police party started checking the bags of the occupants of the bus and when they proceed to check the bag of the person sitting on seat No. 38(w), who was carrying a blue coloured bag with him, he got perplexed. On the basis of suspicion, he was inquired as to what he was carrying in the said bag, however, the person could not give any satisfactory answer. The police party tried to associate independent witnesses amongst the occupants of the bus, but they refused to become witness, as such, Constables Sushil Kumar, Vinod Kumar and Chirag were associated as an independent witnesses in the proceedings. On asking, the person disclosed his name as Rohit Sharma (petitioner herein). When bag of the petitioner was opened, one another orange coloured carry bag was found inside the same, which was tied with knot and on opening of the same, a black coloured substance was found, which on the basis of experience was found to be charas/cannabis. On weighment, the contraband was found to be 382 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove has been registered against the petitioner. Consequently, the petitioner 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 complete and nothing remains to be recovered at the instance of the petitioner and as such, the petitioner, who is only 26 years old boy and is in custody since his arrest, is required to be released on bail.