GAURAV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that the police had registered an FIR No. 45 of 2025, dtd. 28/2/2025 for the commission of offences punishable under Ss. 18, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) at Police Station Jogindernagar, District Mandi, H.P. The petitioner has been falsely implicated in the said FIR based on the disclosure statement made by the co-accused. The petitioner is stated to be in conversation with the co-accused. The petitioner is running a restaurant in the name and style of M/s Sharma Dbaba at Village Galu, Joginder Nagar, District Mandi, HP. The co-accused Ganga Ram used to supply unskilled labour to the petitioner, therefore, the petitioner used to remain in touch with the co-accused. The petitioner would join the investigation as and when directed to do so. He is a permanent resident of District Mandi, H.P. and there is no apprehension of his absconding. Hence the petition.

(2.) The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 28/2/2025. They found Ganga Ram, Mani Ram and Sher Singh in suspicious condition. Ganga Ram had a black backpack. The police searched the backpack in the presence of two independent witnesses and recovered 3.11 kilograms of opium. The police arrested Ganga Ram, Mani Ram and Sher Singh. Ganga Ram made a disclosure statement and got recovered 2.109 kilograms of charas. He disclosed the name of the petitioner. It was found after the investigation that Ganga Ram used to purchase charas from Jagdish and sell it to the petitioner. The call detail record also shows the conversation between Ganga Ram and the petitioner. Ganga Ram had also sent photographs of the charas and opium on the Whatsapp number of the petitioner. The police seized the vehicle of the petitioner and found documents regarding the sale/purchase of charas. The petitioner is involved in the sale and purchase of charas. Therefore, it was prayed that the present petition be dismissed.

(3.) I have heard Mr Peeyush Verma, learned Senior Counsel, assisted by Mr Abhishek Thakur, learned counsel for the petitioner and Mr Jitender Sharma, learned Additional Advocate General, for the respondent-State.