SATISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition seeking the grant of regular bail. It has been asserted that FIR No. 188 of 2023, dtd. 6/9/2023 was registered against the petitioner for the commission of offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the ND&PS Act'). As per the police version on 6/9/2023 at around 2:10 PM. The police stopped a vehicle bearing registration no. UP-24-AT-1960 and recovered 101 grams of heroin from it. Arun Yadav was driving the vehicle. He was arrested. He disclosed on inquiry that the heroin was supplied by the present petitioner-Satish Kumar. The petitioner is innocent and he was falsely implicated. The petitioner would abide by all the terms and conditions, which may be imposed by the Court. Hence, the present petition.

(2.) The petition was opposed by filing a status report, asserting that the police recovered 101 grams of heroin from the vehicle bearing registration no. UP-24-AT-1960 being driven by Arun Yadav. Arun Yadav disclosed during the interrogation that heroin was supplied by present petitioner Satish Kumar on 5. 9.2023. He also identified the place where the heroin was supplied. The mobile phone disclosed the transfer of ?6,500/-from the account of Satish Kumar to Sai African Super Market. Satish Kumar disclosed on inquiry that he had transferred ?70,000/- to Sai African Super Market. The 16/9/2023. Satish Kumar had handed over the heroin to Arun Yadav who was apprehended with the same. The SIM in the mobile phone of Satish Kumar was in the name of Sonu, who issued a certificate that Satish Kumar was using the SIM. The involvement of Sonu, Prem Chand, Arun Yadav, Udayveer Singh, Sameer Shrivastava and Ndiaye Bassirou was found in the commission of the offence. The petitioner is a resident of a different State and he would abscond. He was earlier involved in the commission of a similar offence and FIR No. 71 of 2023 was registered against him in the Police Station, Dhalli for the commission of an offence punishable under Ss. 21 and 29 of ND&PS Act. Therefore, it was prayed that the present petition be dismissed.

(3.) I have heard Ms. Ankita and Mr. Atul Sharma, learned Counsel for the petitioner and Ms. Avni Kochhar, Deputy Advocate General for the respondent-State.