High CourtsSingle Bench(2021) 05 SHI CK 0022

Rajesh Kumar vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 4 May 2021

HON’BLE JUDGES
Anoop Chitkara, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No.431 Of 2021

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Judgment

15 paragraphs · 248 words

Anoop Chitkara, J

1.

A boy, aged 19 years, who is in custody since 20th March, 2020 for selling 1.25 Kg. of Charas to main accused, Aditya Mantri (A-1), has come up

before this Court seeking bail.

2.

The investigatory had recovered charas from one Aditya Mantri (A-1), resident of Mumbai, while he was travelling in a bus. During interrogation,

he told the investigator that he had purchased the same from Rajesh Kumar (A-2). He also transferred a sum of Rs.20,000/- in his account. After

that, the investigator conducted investigation and arrested the petitioner herein. The investigator obtained call details between A-1 and the present

petitioner and also obtained details of the cash transactions.

3.

Mr. Satyen Vaidya, learned Senior Advocate, drawn attention of this Court to various documents filed alongwith the petition and stated that the

money was deposited because of rental and security charges of tracking equipments. He further stated that even call details were probably for that

purpose.

4.

I have perused such documents and a reference to Annexure P-3, reveals that the money was received by one Bhushan Singh from Rajesh Kumar.

Prima facie it is not convincing and, thus, the petitioner has failed to discharge the burden placed upon him by the legislature under Section 37 of the

NDPS Act.

5.

Given above, there is no merit in the present bail petition and the same is dismissed as such. Needless to say observations made above will not be

considered for any other purpose.