LAWS(HPH)-2024-1-8

KARAN SHARMA Vs. STATE OF HIMACHAL PRADESH

Decided On January 12, 2024
Karan Sharma Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Petitioner is an accused in case FIR No.50 of 2023 dtd. 20/3/2023, under Ss. 21, 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act (for short 'ND&PS' Act) registered at Police Station, Dhalli, District Shimla, H.P. He is in custody since 25/3/2023.

(2.) It is alleged against the petitioner that on 19/3/2023 he had handed over 45.86 grams of heroin/chitta to Surender Kumar and Rohit at Jabli in District Solan for further supply at Dhalli, Shimla. During the intervening night of 19/20/3/2023, the aforesaid Surender Kumar and Rohit were nabbed by the police at place Lambhi-Dhar on Dhalli Bye-Pass Road, Shimla on a secret information. Both were on a motorcycle bearing No. HR-24-AE-1022. On the search of toolkit of the motorcycle, 45.86 grams of heroin/chitta was recovered.

(3.) The investigation has been completed and police has filed challan against five persons namely Surender Kumar, Rohit, Karan Sharma (petitioner), Vijay and Parvesh Saini. The role attributed to accused Parvesh Saini is that he had handed over the contraband to petitioner. Against accused Vijay the allegation is that he was the kingpin and all other accused persons were employed by him for supply of contraband. It is also alleged that petitioner had travelled upto Jabli in District Solan on a Scooty, which belonged to accused Vijay. The prosecution is also relying upon certain bank transactions and call details exchanged inter se the accused persons.