GAUTAM KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition under Section 439 Cr.P.C. for the grant of bail arises out of case FIR No. 7 of 2014 dated 25.1.2014 registered at Police Station, Sunni, District Shimla, under Sections 22 -61 -85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act').

(2.) THE petitioner has contended that he is working in a shop named 'Pankaj Medical Store' at Oddi and is a permanent resident of the aforementioned address. He has further submitted that when he was at his shop the police officials arrived and conducted a search and recovered nothing and thereafter recovered 84 (100 ml each) empty bottles of Rexcof from the BSNL office, Oddi and falsely framed the charges against the petitioner. The petitioner further contended that he is not the owner of the shop from where the contraband was being sold but was working in the said shop. He has claimed that since the actual owner has been released on bail, he should also be released.

(3.) I have heard learned counsel for the parties and perused the records of FIR No. 7 of 2014.