RAHUL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'ND&PS Act') registered vide FIR No. 240 of 2023, dtd. 18/11/2023 at Police Station Sadar, Solan, HP. The petitioner is innocent and he was falsely implicated. The police had failed to comply with the mandatory provisions of the ND&PS Act. The investigation is complete. The petitioner has been in custody since 18/11/2023. The quantity of heroin stated to have been recovered from the possession of the petitioner is intermediate quantity i.e., 7.34 grams heroin. The petitioner would abide by all the terms and conditions which may be imposed by the Court. Therefore, it was prayed that the petition be allowed and the petitioner be released on bail.

(2.) The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 18. 11.2023 when a secret information was received that Vijay Kumar and Rahul were staying in Room No. 104 of Sona Guest House and they had brought a huge quantity of heroin. The information was reduced to writing. Room No.104 was searched and during search, 7.34 grams of heroin was recovered. Rahul and Vijay were found in the room. The police arrested them and seized the heroin. They were interrogated and thereafter Narinder Singh and Mohit Lakhanpal were arrested based on the disclosure statements made by Rahul and Vijay. The result of the analysis shows that the sample stated to be heroin was a sample of Diacetylmorphine (Heroin). One of the accused Harjot Singh was also arrested after filing the charge sheet. No other case has been registered against the petitioner-Rahul.

(3.) I have heard Mr. Naresh Sharma, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General for the respondent/State.