SURENDER 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. 21/2023, dtd. 5/3/2023, registered at Police Station Jubbal, 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 5/3/2023 a rukka was received at Police Station Jubbal that on that day, at around 7:30 P.M., while the police party was on routine patrolling duty and reached near place Guntu, they saw a person standing near a shop, which was closed. On seeing the police party, the person tried to run away and when police party chased him, he threw a polythene packet from his pocket. On suspicion, the police party associated Rajesh Tejta and Bhopeshwar Singh as independent witnesses in the proceedings, in whose presence, the person disclosed his name as Rajat Aukta alias Bunny. On opening of the said polythene packet, light gray coloured solid substance was recovered, which was found to be chitta/heroin. On weighment, the recovered contraband was found to be 25.40 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against accused Rajat Aukta alias Bunny. Consequently, he was arrested. During investigation, he disclosed that he purchased chitta/heroin from one Surender @ Kala (petitioner herein) on 5/3/2023 for Rs.60,000.00, out of which, Rs.40,000.00 was paid by him to Surender on 27/2/2023 by online transfer and Rs.10,000.00 was paid in the morning of 5/3/2023 by cash and he had to pay remaining amount of Rs.10,000.00 to Surender. The accused also disclosed that Surender is a resident of Jeend, Haryana and he had come to Jubbal in his car bearing registration No. HR- 26BU-7385 to sell chitta/heroin to him. Accordingly, the police went in search of the petitioner and arrested him from the place Nihaari.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in this case, as alleged contraband was not recovered from his possession. He has further contended that investigation in this case is almost complete and nothing remains to be recovered at the instance of the petitioner, as such, the petitioner, who is in custody since his arrest, is required to be released on bail.