ANKIT CHAUHAN 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. 17/2023, dtd. 3/2/2023, registered at Police Station Rampur, District Shimla, H.P., under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act").

(2.) The prosecution story, in brief, is that on 3/2/2023 a rukka was received at Police Station Rampur that on 2/2/2023 at around 12:25 (midnight), while the police party was on routine patrolling duty near Sarvapalli B. Ed. College, Nogli, they saw a person coming from B. Ed. College road side towards Taklech Nogli road. On seeing the police party, the person started running backwards and threw a bag, which he was carrying. However, the police nabbed the person at some distance. When the bag, which was thrown by the person, was opened, it was found containing another transparent polythene bag, in which, a grey coloured solid substance was recovered, which on the basis of experience was found to be chitta /heroin. On inquiry, the person disclosed his name as Ankit Chauhan (petitioner herein). On weighment, the recovered contraband was found to be 6.21 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. She 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 only 26 years old boy and is in custody since his arrest, is required to be released on bail.