MANDEEP SINGH 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. 75/2023, dtd. 17/7/2023, registered at Police Station East Shimla, District Shimla, H.P., under Ss. 21, 29 and 25 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act").

(2.) The prosecution story, in brief, is that on 17/7/2023, the policy party was on routine patrolling duty. At about 12.10 A.M. in the midnight, they saw a vehicle bearing registration No. HP10A-1363, parked near Krishna Dhaba at Shakrala-Mehli-Malyana road. In the said vehicle four persons were sitting. On asking them as to what they were doing in the vehicle, they got perplexed and could not give any satisfactory answer. On suspicion, the police party stopped 5-6 vehicles on the spot and asked them to become independent witness in the proceedings. However, no one was ready and willing to become witness, as such, Constable Dinesh Kumar No. 746 and Constable Varun Joshi No. 289 were associated as witnesses in the proceedings, in whose presence, the person sitting on the driver seat of the vehicle disclosed his name as Vijay Chauhan, the person sitting on co-driver seat of the vehicle disclosed his name as Javpreet Singh and persons sitting on rear seat of the vehicle disclosed their names as Mandeep Singh, S/o Sh. Ramanjeet Singh (petitioner herein) and Mandeep Singh, S/o Sh. Baljeet Singh. Thereafter, the vehicle was searched and during search of the vehicle, inside the armrest the police recovered a transparent polythene packet, which was containing chitta/heroin. On weighment, the recovered heroin was found to be 13.78 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the accused persons and they were arrested.

(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 investigation in this case is complete and nothing remains to be recovered at the instance of the petitioner, as such, he deserves to be released on bail. He further contended that one of the co-accused namely Vijay Chauhan has already been released on bail by the Court of learned Special Judge (CBI), Shimla on 5/8/2023, therefore, the petitioner also deserves to be released on bail on the ground of parity.