LAWS(HPH)-2023-2-61

SUNDER SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On February 10, 2023
SUNDER SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of instant petitions, filed under Sec. 439 of the Criminal Procedure Code, the petitioners are seeking bail in case F.I.R. No. 09/2023, dtd. 23/1/2023, registered at Police Station Sunni, District Shimla, H.P., under Ss. 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act"?).

(2.) The prosecution story, in brief, is that on 22/1/2023, the police party was on routine patrolling duty. Around 11:20 p.m., when the police party was present at place Maandri, they received a secret information that chitta/heroin is being transported by three persons namely Om Prakash, Pardeep and Sunder Singh, who are coming from Dhaami Side and going towards Rampur side, in an Alto car, bearing registration No. HP 06B 1203. The police associated one Tek Singh as an independent witness from the spot. Around 11:50 p.m., the abovementioned vehicle came from Dhaami side to Baagipul side, which was signaled to stop. There were three persons sitting in the vehicle. The person sitting on the driver seat of the vehicle disclosed his name as Sunder Singh, the person sitting on the co driver seat of the vehicle disclosed his name as Om Parkash and the person sitting on the rear seat of the vehicle disclosed his name as Pardeep (petitioners herein). During checking of the vehicle, when footmats of the co driver seat and rear seat of the vehicle were lifted, two plastic packets were found, which were wrapped with transparent tape. On opening of the said plastic packets, a light brown coloured substance was found, which on the basis of experience was found to be chitta/heroin. On weighment, the total recovered contraband was found to be 30.98 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the petitioners. Consequently, the petitioners were arrested.

(3.) Mr. Ajay Kochhar, learned Senior Counsel assisted by Mr. Ashwani Kumar Negi, Advocate, for the petitioners has contended that the petitioners are innocent and have been falsely implicated in this case. He has further contended that nothing remains to be recovered at the instance of the petitioners and as such, the petitioners, who are in custody since their arrest, are required to be released on bail.