AKSHIT GUPTA 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. 24/2023, dtd. 31/1/2023, registered at Police Station West, District Shimla, H.P., under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act").

(2.) The prosecution story, in brief, is that on 31. 01.2023 a rukka was received at Police Station West (Boileauganj) and it was informed that on 30/1/2023, the police party was on routine patrolling duty at police barrier Shoghi. Around 8:45 p.m., a CTU bus, bearing registration No. CH01 GA 7357 came from Solan side, which was signaled to stop. Thereafter, the police party started checking the bags of the occupants of the bus and when they proceeded to check the bags of the persons sitting on seats Nos. 34 and 36(W), they saw that the person sitting on seat No. 36 was carrying a gray and black coloured bag. The police asked general questions from them regarding the reason for their travel, however, they could not give any satisfactory answer. On suspicion, the police party associated co passengers Vikram, Aryan Singh Rana, Driver of the bus Ved Pal and conductor of the bus Pushpender as independent witnesses in the proceedings, in whose presence, name of the person sitting on seat No. 34 was asked and he disclosed his name as Akshit Gupta (petitioner herein), whereas, the person sitting on seat No. 36(W) disclosed his name as Ashit Sharma. On inquiry, the petitioner produced a joint ticket purchased by him and co accused for travelling to Shimla. On checking the bag being carried by Ashit Sharma, one plastic envelope packet with double tape was recovered, which was containing three transparent plastic envelopes, in which, light yellow coloured solid substance and powder was found, which was chitta/heroin. On weighment, the contraband was found to be 10.78 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the petitioner and co accused. Consequently, they were arrested on 31/1/2023.

(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 almost 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.