AVTAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Sec. 439 of the Criminal Procedure Code, the petitioner is seeking bail in case F.I.R. No. 99/2023, dtd. 7/6/2023, registered at Police Station Dhalli, District Shimla, H.P., under Ss. 21, 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act') and Sec. 181 of the Motor Vehicles Act (hereinafter referred to as 'MV Act').

(2.) The prosecution story, in brief, is that on 6/6/2023, while the police party was on routine patrolling duty and at about 11:00 P.M., reached near Police Post Kufri, they received a secret information that Avtar Singh, Akshay and Kuldeep residents of Kufri and Mashobra, had gone to purchase chitta/heroin from Chandigarh and were coming back in their vehicle bearing registration No. HP-63C-1265 towards Chail-Kufri road. Accordingly, the police party waited for the aforesaid vehicle at Chini Bangla near Lalit Cafe. On 7/6/2023, at about 5:15 A.M., the aforesaid vehicle was spotted by the police party and signaled to stop. Since it was early morning and it was a secluded place, no independent witness could be associated, as such, the police party associated HHC Sunil Kumar No. 1026 and Constable Bhuvnesh Kumar No. 1527 as witnesses in the proceedings. In presence of the aforesaid witnesses, the person driving the vehicle disclosed his name as Avtar Singh (petitioner herein), the person sitting on co-driver seat disclosed his name as Akshay @ Rinku and the person sitting on rear seat disclosed his name as Kuldeep Verma. During search of the vehicle, underneath the footmats of the co-driver and rear seats of the vehicle, transparent polythene packets, containing chitta/heroin were recovered. During further search, from the glove box of the vehicle, a small weighing machine was recovered. On weighment, the recovered contraband was found to be 10.71 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the accused persons and they were arrested.

(3.) The bail petition has been filed on the ground that the petitioner is innocent and has been falsely implicated. Learned counsel for the petitioner has contended that investigation in this case is complete and nothing remains to be recovered at the instance of the petitioner. He further contended that other co-accused namely Akshay Kumar @ Rinku and Kuldeep Verma @ Boss have been released on bail by this Court and as such, the petitioner is also required to be released on bail on the ground of parity.