MEHUL SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 107 of 2024, dtd. 14/8/2024, registered for the commission of offences punishable under Ss. 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Sec. 111(2) of Bharatiya Nayaya Sanhita, (BNS), at Police Station, Sadar, Shimla, H.P. It has been asserted that the petitioner has been arrested based on some monetary transactions between him and the co-accused. The investigation is complete, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions which the Court may impose. Hence, the petition.

(2.) The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 13/8/2024. Secret information was received on 14/8/2024 at about 12:05 am that two persons staying in Room No. 101 of Hotel Himachal had a huge quantity of narcotics. The police reduced the information to writing and sent it to the Supervisory Officer. The police went to room number 101 with two independent persons. Suraj and Rohit Pandey were found in the room. The police searched the room and recovered one polythene packet containing 6.380 grams of heroin and a digital weighing machine. The police seized the heroin and the digital weighing machine. The police arrested the occupants of the room. Suraj and Rohit Pandey disclosed during the investigation that the heroin was made available to them by Sandeep Shah. Sandeep Shah used to send the location and direct them to keep the heroin in those locations. They would drop the heroin and send the location to Sandeep Shah via WhatsApp. The police checked the call detail records and the bank account statements. The police found that Jitender Verma, Jugal Kishore and Aastik Chauhan were in contact with Rohit Pandey and Suraj. They had transferred a huge amount to Sandeep Shah's bank account. Police arrested Jitender Verma, Jugal Kishore, Aastik Chauhan, Sandeep Shah and Neeraj Kashyap. The police found during the investigation that Sandeep Shah was dealing in narcotics. FIR number 108/2022 and FIR number 190/21 were registered against him. Many persons, including the present petitioners, had transferred the money to the accounts of Sandeep Shah, Arpita Shah, and Neeraj Kashyap. The petitioner is a member of an organised crime syndicate which is involved in drug trafficking.

(3.) The petitioner had transferred Rs.11,200/- to the account of Sandeep Shah, Rs.16,000.00 to the Union Bank account, Rs.16,000.00 to the Kotak Mahindra Bank account and Rs.1000.00 to the State Bank account of Neeraj Kashyap and Rs.3,500.00 to the State Bank of India account of Arpita Shah. Hence, the status report.