UGOCHUKWU ALASONYE 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 vide FIR No. 128 of 2023, dated 15.11.2023, registered for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the ND&PS Act'), at Police Station, Parwanoo, District Solan, H.P.

(2.) It has been asserted that the petitioner was arrested on 22/11/2023. The proceedings have reached the evidence stage, and the matter was listed for recording the statements of prosecution witnesses on 18/6/2025. The Court has released the co-accused on bail. The petitioner was arrested based on the statement made by the co-accused, which is not legally admissible. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 15/11/2023. The police checked a vehicle bearing registration No. HP-93-5274 at about 4:30 am. The police found two pieces of aluminium foil, two currency notes of Rs.10 each and white paper inside the vehicle. The police checked the glove box and found a polythene bag containing 18.16 grams of heroin. The driver revealed his name as Rohit Chauhan, and the other person revealed his name as Rohit. The police seized the heroin and the vehicle and arrested the occupants of the vehicle. Rohit revealed during the interrogation that he had purchased 20 grams of heroin for Rs.20,000.00 from an unknown Nigerian. He led the police to Delhi and identified the petitioner riding a scooty. The police apprehended the petitioner. The petitioner could not produce any passport or visa; hence, Section 14 of the Foreigners' Act was also added. The petitioner disclosed that he had no mobile phone, whereas the calls/chats were found in the mobile phone of Rohit. The charge sheet was filed before the Court. The matter was listed for recording the statements of witnesses on 30/6/2025 and 1/7/2025. Hence, the status report.