SATISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been filed by the petitioner under Sec. 439 of the Code of Criminal Procedure (Cr.P.C.) for releasing him on bail in case FIR No. 71 of 2023, dtd. 20/4/2023, under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act"), registered at Police Station Dhalli, District Shimla, H.P.

(2.) The facts giving rise to the instant petition can be summarized as under: 2(a). On 20/4/2023, the police party was on routine patrolling duty and around 04:00 p.m., when they reached Bhatta Kuffar, they received a secret information that in the first floor of Kanwar Niwas, Upper Gaahan (Bhatta Kuffar) a lady namely Ashwani Chauhan was residing in a rented accommodation. It was further informed that alongwith Ashwani Chauhan, Hem Raj and Saurav Sharma were also present in the room and all three of them were involved in illegal trade of selling chitta/heroin and if raid was conducted in the aforesaid accommodation, huge quantity of chitta/herion could be recovered. On receiving aforesaid information, the police party associated Surender Thakur and Lady Constable Sulekha as witnesses in the proceedings and reached Kanwar Niwas at about 4:45 P.M., where they associated Sujaata Kanwar landlady of the building as witness. In presence of the aforesaid witnesses, the police party entered the room of Ashwani Chauhan, which was opened by her and inside the room, two boys were also found sitting. During search of the room, underneath the mattress, the police recovered one transparent plastic packet, which was containing light yellow coloured substance, which on the basis of experience was found to be chitta/heroin. On weighment, the recovered contraband was found to be 17.07 grams. After completion of all the codal formalities, accused persons were arrested. During the course of interrogation, accused Hem Raj disclosed that he purchased the chitta/heroin from Satish Kumar (petitioner herein). On the basis of statement of Hem Raj, the police party went in search of the petitioner at Gaalibpur (U.P.), however, he was not found there. During investigation, it was found that the petitioner was in judicial custody in connection with case FIR No. 188/2023, dtd. 6/9/2023, registered at Police Station Sadar-Solan, District Solan, H.P., under Ss. 21 and 29 of NDPS Act. Thereafter he was formally arrested in the present case on 27/9/2023.

(3.) The bail petition has been filed on the ground that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner has contended that except for the disclosure statement of accused Hem Raj, no other evidence has been collected by the Investigating Agency against the petitioner in order to implicate him in the present case. He further contended that investigation in the case is complete and nothing remains to be recovered at the instance of the petitioner, as such, he deserves to be enlarged on bail.