(1.) On being named by the main accused in his custodial interrogation as the seller of the contraband, the petitioner, apprehending arrest for violating the above-mentioned provisions of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) as per the FIR captioned above had come up before this Court under Sec. 438 CrPC seeking anticipatory bail.
(2.) In paragraph 15 of the bail petition, the accused declares that an FIR was registered against him. In paragraphs 6 and 7 of the bail petition, the petitioner explains about this FIR in the following terms,
(3.) The police party while patrolling, spotted a young person, who was carrying a plastic bag on his head. On seeing the police, he became perplexed; threw the plastic bag and fled away taking advantage of the darkness. On checking the plastic bag, 10 kilograms poppy husk was recovered. Since the police party had seen the said person in the head light of police vehicle, they identified him to be the petitioner- Sukha Singh and registered the aforesaid FIR.