BALWINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been filed by the petitioner under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of bail in case FIR No. 36/2023, dtd. 1/2/2023, under Ss. 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'ND and PS Act'), Sec. 201 of the Indian Penal Code (hereinafter referred to as the 'IPC') and Ss. 181, 184, 192 and 196 of the Motor Vehicles Act (hereinafter referred to as the 'MV Act') registered at Police Station Nurpur, District Kangra, H.P.

(2.) The brief facts of the case, as per the reply/status report filed by the respondent-State are that on 31/1/2023, at about 5:20 P.M., while the police party was on routine patrolling duty and was present at place Jachh, they received a secret information that a black Verna car bearing registration No. PB-02-EE-2607 was coming from Fatehpur side and going towards Jassur side, in which, two occupants namely Vishal Kumar, son of Sh. Lakhwinder Kumar and Rohit Kumar, son of Sh. Buaa Dass, were travelling alongwith huge quantity of chitta/heroin and cash. Subsequently, the police party, associated Atul Sharma as independent witness in the proceedings and laid a nakka; and at about 6:00 P.M., when the aforesaid vehicle was seen going towards Jassur Main Chowk, the same was signaled to stop, but the driver of the vehicle did not stop the car and tried to run away, as a result of which, the said vehicle struck against the road divider and got stopped. Thereafter, policy party reached near the vehicle and apprehended the persons sitting therein and the said vehicle was taken near the Police Assistance Room Jassur as there was traffic jam on account of road construction. In the meantime, SDM Nurpur Sh. Gursimran and Tehsildar Nurpur Sh. Sandeep Kumar reached the spot and were associated as independent witnesses in the proceedings. In presence of the aforesaid witnesses, the occupants of the car disclosed their names as Vishal Kumar and Rohit Kumar. During search of the car, underneath the co-driver seat, a handbag was found. On opening the same, a packet, containing two transparent polythene packets was found. When the said packets were opened and checked, in one packet a grey coloured solid substance and in another packet white and grey coloured substance in the form of powder was recovered, which was found to be chitta/heroin. Thereafter, the police recovered another polythene packet, which was kept on the rear foot mat of the car, in which, the currency notes were kept. The police party also checked the dashboard of the car and recovered a bowl, a steel spoon, a mini electronic weighing machine, empty transparent polythene packets, rubber bands and 7 strips of Alprazolam IP 0.5 mg, out of which, 5 strips were sealed and were containing 15 tablets each and two strips were containing 13 and 12 tablets, respectively. On weighment, the recovered heroin was found to be 1.100 Kgs, whereas, a sum of Rs.13,20,330.00 was also recovered from the accused persons. After completion of necessary codal formalities, FIR detailed hereinabove was registered against both the accused and they were arrested on 1/2/2023. During investigation, accused Rohit Kumar disclosed that on 28/1/2023, he sold 1 kg heroin to Balwinder alias Chiri (petitioner herein), whereas, accused Vishal Kumar disclosed that on 29/1/2023 and 30/1/2023 he sold 500 gmschitta/heroin to one Abhishek Kumar alias Babboo. On 7/2/2023, a police team visited the house of the petitioner, however, he was found absconded. On 8/2/2023, police team went in search of accused Abhishek Kumar @ Baboo and nabbed him from room No. 5 of Man Dhaba at Mukeriyan. Thereafter, the police conducted the search of his house and recovered 31.14 gms of chitta/heroin and he was arrested. On 23/3/2023, on a tip off, the police party went in search of the petitioner and arrested him on 24/3/2023 from Onam Guest House Katra at about 2:40 A.M. (midnight). During interrogation, the petitioner got recorded his statement and also got identified the place from where he had purchased the chitta/heroin from accused Rohit Kumar. On 29/3/2023, the petitioner also got recovered Rs.35.00 lakhs which were kept by him with Gagan Sarna Jeweller at Model Town Pathankot.

(3.) Learned counsel for the petitioner contended that the petitioner is innocent and he has been falsely implicated in this case. He further contended that since investigation of the case is complete and the charge-sheet has also been filed before learned Trial Court, no fruitful purpose will be served by keeping the petitioner in further custody.