ASHWANI BHARDWAJ 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. 282/2022, dtd. 20/11/2022, registered at Police Station West (Boileauganj), 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 20. 11.2022, a rukka was received at Police Station Boileauganj and it was informed that on 19/11/2022, while police party was on routine patrolling duty at place Shoghi Barrier, one HRTC bus, 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 bag of the person sitting on seat No. 30(W), he got perplexed and could not give any satisfactory answer with regard to the questions asked by the police party. On suspicion, the police party tried to associate independent witnesses amongst the occupants of the bus, but they refused to become witnesses as such, the police party asked the Driver and the Conductor of the bus to become witnesses in the proceedings and they agreed to become witnesses. On asking, the Driver of the bus, disclosed his name as Anil Kumar and Conductor of the bus disclosed his name as Sandeep Kumar, in whose presence, name of the person was asked and he disclosed his name as Suman Kumar, who was carrying a bag with him. When the bag was opened and checked, white coloured plastic packet was recovered. On opening of the said plastic packet, a white coloured substance was found, which on the basis of experience was found to be chitta/heroin. On weighment, the recovered contraband was found to be 127.56 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against accused Suman Kumar and he was arrested. During investigation, accused Suman Kumar disclosed that he works in a Dhaba, being run by one Sushila at Nogli, who is a Nepali resident, where he met one Ashwani Bhardwaj, who used to come their to consume alcohol. Sushila used to sell chitta/heroin in small packets from her shop and on many occasions, she sent him to supply chitta/heroin to customers and for this work, she used to give him Rs.100.00 or 200/ . On one evening, while he was consuming alcohol with Sushila and Ashwani Bhardwaj, they disclosed that they are involved in a business of selling chitta/heroin and it is a profitable business and as such, he also joined them. On 5/1/2023, a secret information was received that Ashwani Bhardwaj and Sushila had been seen together at Nogli. Consequently, the police party went in their search and around 5:30 p.m. they were nabbed by the police party and they were arrested on 6/1/2023.

(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 no recovery is effected from the possession of the petitioner and he was arrested only on the basis of statement given by the main accused and as such, the petitioner, who is in custody since his arrest, is required to be released on bail.