GAURAV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 45 of 2025, dtd. 28/2/2025, registered for the commission of offences punishable under Ss. 18, 20, 27A & 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and Ss. 238 & 249 of Bharatiya Nyaya Sanhita (BNS) 2023 at Police Station Jogindernagar, District Mandi, H.P.

(2.) It has been asserted that, as per the prosecution, Constable Bunty Jamwal informed the police on 28.02 2025 regarding the apprehension of three persons at Gugli Khad in suspicious condition. The police went to the spot and found that Ganga Ram, Mani Ram and Sher Singh were apprehended by the police. Ganga Ram had a black backpack with him, which was searched in the presence of Rakesh Kumar and Arshad Mohammad. The police recovered 3 kgs and 11 grams of charas and 310 grams of opium. The police arrested Ganga Ram, Mani Ram and Sher Singh. Ganga Ram revealed during the interrogation that he c uld get recovered 2.109 kgs of charas. He led the police to the spot and got recovered 2.109 kgs of charas. He stated t at the charas was to be delivered to Gaurav @ Jolly, the present bail petitioner. The police checked the call detail record and found that Ganga Ram was in touch with Gaurav @ Jolly. He had shared a photograph of a sample of opium on his WhatsApp number. The police arrested Gaurav @ Jolly, who named Ravinder Kumar and Nitish Kumar. The police also arrested Ravinder Kumar and found that Ganga Ram and Jolly had talked to each other 304 times between 1/9/2023 and 27/2/2025. Gaurav @ Jolly had talked to Nitish Kumar 416 times between 4/9/2023 and 27/2/2025. Gaurav had talked to Ravinder 21 times between 23/10/2023 and 25/2/2025. Ganga Ram and Jagdish had talked to each other 21 times between 5/4/2024 and 13/2/2025. The data from the mobile phone could not be retrieved as one mobile phone was put into factory reset, and the data was deleted from the other mobile phone. The police retrieved 64 WhatsApp messages from one mobile phone. A transaction of Rs.9,00,000.00 and photographs of charas were found in it. These allegations are false. The petitioner is innocent, and he was falsely implicated. The investigation is complete, and the p lice have filed the charge sheet before the Court. No fruitful purpose would be served by detaining the petitioner in custody. Hence, it was 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 the police party was patrolling on 28/2/2025 at Jogindernagar Bus Stand, where Constable Bunty Jamwal informed them that he had apprehended three persons at Gugli Khad in suspicious conditions. The police reached the spot where they met Constables Manish Kumar and Ashok Kumar. They had apprehended three persons, who revealed their names as Ganga Ram, Mani Ram and Sher Singh. Ganga Ram had a black backpack with him. The police searched the backpack in the presence of Rakesh Kumar and Arshad Mohammad and got recovered 3 kilograms and 11 grams of charas and 310 grams of opium. The police seized the charas and opium and arrested Ganga Ram, Mani Ram and Sher Singh. The police interrogated them, and Ganga Ram revealed that he had concealed 2.109 Kilograms of Charas, which he could get recovered. He led the police to the spot, and the police ecovered 2.109 kilograms of Charas. The police seized the charas. It was found during the investigation that charas was to be delivered to Gaurav alias Jolly. The police checked the call detail record and found that Gaga Ram was in touch with Gaurav @ Jolly. Ganga Ram had shared a photograph of a sample of opium with him on his WhatsApp number. The police obtained the printout of the WhatsApp conversation and seized the mobile phone. Subsequently, Gaurav alias Jolly surrendered before the Police. He revealed during the investigation that he and Ravinder alias Shyamu used to purchase charas and opium from Ganga Ram and other persons. He also named Nitish Kumar as his associate. Ravinder Kumar used to maintain the record of the charas sold by Ganga Ram to Gaurav alias Jolly. Police also arrested Ravinder Kumar and Nitish. The police checked their call detail record and found that Ganga Ram and Jolly had talked to each other 304 times between 1/9/2023 and 27 02 2025. Gaurav had talked to Nitish Kumar 416 times between 4/9/2023 and 27/2/2025. Gaurav had talked to Ravinder 21 times between 23/10/2023 and 25/2/2025. Gaurav and Ravinder had talked to each other on ano her mobile 115 times. Similarly, Ganga Ram and Jagdish had talked to each other 4 times. The data from the mobile phone of Gaurav alias Jolly (present petitioner) and Nitish Kumar could not be retrieved as one mobile phone was put into factory reset, and the data was deleted from the other mobile phone. Sixty-four WhatsApp messa es were found in the retrieved data. The mobile phone of the petitioner was checked, and a transaction of Rs.9,00,000.00and photographs of charas were found in it. The police seized the mobile phone, which was sent to the Laboratory, and the result is awaited. It was found after the investigation that Gaurav @ Jolly had called his friend Nitish Kumar to his home. Gaurav @ Jolly travelled in the Maruti of Nitish bearing registration No. HP29C-3607 with Ravinder Kumar. He stayed in the Orion Hotel. Gaurav @ Jolly had factory reset his mobile (Apple iPhone) and deleted the data from his mobile phone (Samsung Galaxy). The data could not be retrieved from the iPhone, but was retrieved from the Samsung Galaxy Ganga Ram had sent the photograph of charas to the petitioner, Gaurav @ Jolly. The mobile phone of Nitish was also seized. 83 photographs of charas, opium and currency notes were recovered. The WhatsApp chat revealed that Gaurav @ Jolly and Nitish were chatting to each other regarding sending the sample, obtaining the delivery and the payment of Rs.9,00,000.00. The police also btained the call detail record. The petitioner would indulge in the commission of a similar offence, if he is released on bail. Hence, it was prayed that the present petition be dismissed.