IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 26th DAY OF NOVEMBER, 2021 BEFORE P HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CRIMINAL MISC. PETITION (MAIN) No.2069 of 2021 Between:-

HITESH SHARMA, f S/O SH. NAND LAL SHARMA, AGED ABOUT 30 YEARS, R/O VILLAGE CHUNGAR, POST OFFICE BHUMTI, TEHSIL ARKI, DISTRICT SOLAN, H.P.

THROUGH HIS UNCLE r SH. PREM LAL S/O SH. ROOP RAM …...PETITIONER (BY SH. ANIRUoDH SHARMA AND SH. PAVINDER, ADVOCATES)

AND STA TE OF H.P.

h …...RESPONDENT (BY SH. ASHWANI K. SHARMA, ADDITIONAL gADVOCATE GENERAL WITH SH. VIKRANT CHANDEL, DEPUTY ADVOCATE GENERAL AND i SH. SUNNY DHATWALIA, ASSISTANT ADVOCATE GENERAL, ASI PYARE LAL, POLICE STATION ARKI, DISTRICT SOLAN, H.P., PRESENT IN PERSON ALONGWITH RECORD)

This petition coming on for orders this day, the Court passed the following:

O R D E R Petitioner is accused in FIR No.38/2021, registered on 21.06.2021, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) at Police Station Arki, District Solan. He is in custody w.e.f. 21.06.2021 and by means of the present petition filed under Section 439 of the Code of Cr.iminal Procedure (Cr.P.C.), seeks enlargement on regular bail.

2. Heard learned counsel for the parties and gone through the status report. o

3. The prosecution case as it comes out from the status report is that:-

3(i). On 21.06.2021, a police party was on patrolling duty. At around 12o:15 pm near Sarog Nala, it noticed a person coming from Sanan side. It appeared to the police personnel that on seeing the police party, the person becamhe perplexed. After throwing the packet, which was held by him, in a drain, he started running away. The police personnel nabbed him. Independent witnesses were associated by the police party. The article thrown by the person was retrieved. Search was carried out in accordance with law. The retrieved packet was found to contain 60.89 grams of heroin. This led to registration of the FIR and arrest of the petitioner.

3(ii). During investigation, the petitioner disclosed having purchased the contraband in question from Delhi on

20.06.2021 from a person of Nigerian nationality. As per the status report, the bank account statements obtained by the Investigating Agency revealed that large amount of money was transacted in the bank accounts o.f the petitioner and his wife during the period 01.01.2021 to 20.06.2021 without having the proportion ate sources of income to account for the transactions.o

4. Learned counsel for the petitioner submitted that the allegations levelled against the petitioner are all false. He is not guilty ofu the offences alleged against him. The contraband allegedly recovered from the petitioner falls in the ‘Intermediate’ category, therefore, the provisions of Section 37 of the NDPS Act are not attracted. Learned counsel further submitted that the bank account statements, referred to in the status report, have not been made part of the final report presented by the Police under H Section 173(2) Cr.P.C. No bank official has been cited in the police report as a witness to prove this aspect of the case. The final report does not mention even the fact that after verifying the account statements, any supplementary challan is to be presented. Learned counsel further submitted that in case of his enlargement on bail, the petitioner will not influence the prosecution witnesses or tamper the prosecution evidence and will abide by all the terms and conditions, which may be imposed upon him by this Court.

Opposing the bail petition, learned Add.itional Advocate General submitted that the petitioner has been accused of possessing intermediate qu antity of the contraband heroin. In the facts and coircumstances of the case, he does not deserve to be enlarged on bail at this stage.

5. It is not in udispute that the FIR registered against the petitioner is in respect of his alleged possession of 60.89 grams of heroin. The quantity falls in the ‘Intermediate’ category as notified under