IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .

Cr. MP(M) No. 2804 of 2023 Reserved on: 16.11.202.3 Date of Decision: 01.12.2023.

Satish Kumar ...Petitioner Versus State of Himachal Pradeshr ...Respondent Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the P etitioner : M/s Ankita and Atul Sharma h Advocates.

For the Respondent : Ms Avni Kochhar, Deputy Advocate General with HC Harish Kumar, No. 20, IO, Police Post Saproon, Police Station, District Solan, H.P.

Rakesh Kainthla, Judge The petitioner has filed the present petition seeking the grant of regular bail. It has been asserted that FIR No. 188 of 2023, dated 6.9.2023 was registered against the petitioner for the commission of offences punishable under Sections 21 and 29

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

of the Narcotic Drugs and Psychotropic Substances Act (in short ‘the ND&PS Act’). As per the police version on 6.9.2023 at around 2:10 PM. The police stopped a vehicle bearing registration no. UP-24-AT-1960 and recovered 101 grams of heroin from it. Arun Yadav was driving the vehicle. He was arrested. He disclosed on inquiry that the heroin was supplied by the present petitioner-Satish Kumar. The petitioner is innocent and he was falsely imuplicated. The petitioner would abide by all the terms and coonditions, which may be imposed by the Court.

Hence, theC present petition.

2. The petition was opposed by filing a status report, asserting that the police recovered 101 grams of heroin from the vehicle bearing registration no. UP-24-AT-1960 being driven by Arun Yadav. Arun Yadav disclosed during the interrogation that heroin was supplied by present petitioner Satish Kumar on 5.9.2023. He also identified the place where the heroin was supplied. The mobile phone disclosed the transfer of ₹6,500/- from the account of Satish Kumar to Sai African Super Market. Satish Kumar disclosed on inquiry that he had transferred ₹70,000/- to Sai African Super Market. The involvement of the owner Sameer Shrivastva was found, who was also arrested on

16.9.2023. Satish Kumar had handed over the heroin to Arun Yadav who was apprehended with the same. The SIM in the mobile phone of Satish Kumar was in the name of Sonu, who issued a certificate that Satish Kumar was using the SIM. The involvement of Sonu, Prem Chand, Arun Yadav, Udayveer Singh, Sameer Shrivastava and Ndiaye Bassirou was found in the commission of the offence. The petitioner is a resident of a different State and heu would abscond. He was earlier involved in the commissiono of a similar offence and FIR No. 71 of 2023 was registered Cagainst him in the Police Station, Dhalli for the commission of an offence punishable under Sections 21 and 29 of ND&PS Act. Therefore, it was prayed that the present petition be dismissed.

3. I have heard Ms. Ankita and Mr. Atul Sharma, learned Counsel for the petitioner and Ms. Avni Kochhar, Deputy Advocate General for the respondent-State.

4. Ms. Ankita and Mr. Atul Sharma, learned Counsel for the petitioner submitted that there is no evidence against the petitioner except the statement made by the co-accused. The same is inadmissible and cannot be used. Therefore, they prayed that the present petition be allowed and the petitioner be released on bail.

5. Ms Avni Kochhar, learned DeputHy Advocate General for the respondent-State submitted that the money was transferred by the petitioner to the co-accused which corroborates the prosecution version regarding the involvement of the petitioner. Arun Yadav identified the place where the heroin was supplied by the petitioner. These are admissible under Section 27 of the Indian Evidence Act. Therefore, she prayed that the present petition be dismissed.

6. I have given considerable thought to the rival submissions at the bar and have gone through the record carefully.

7. The Hon’ble Supreme Court discussed the parameters for granting the bail in Bhagwan Singh v. Dilip Kumar, 2023 SCC OnL