KHEM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The Petitioner was apprehended in a case of recovery of 2 Kgs. of Charas alongwith Kuldeep Singh and Guddu Ram, in terms of FIR No. 111 of 2009 registered in Police Station Parwanoo, on 31st December, 2009. The instant application has been moved under Sec. 439 of the Code of Criminal Procedure, for the grant of bail.

(2.) Precisely, the facts of the case are that during the intervening night of 30th/31st December, 2009 ASI Hoshiar Singh was heading a Naka party on the National High way (NH 22) at Kasauli Chowk. At about 4.30 a.m. a red coloured Car came from the side of Kasauli. On noticing the presence of the police, its driver named Kuldeep Singh stopped it and then tried to reverse. Police got suspicious. ASI Hoshiar Singh directed, HHG Bhupinder Kumar and HHG Deepak Kumar, who were patrolling nearby to stop the vehicle. They stopped it and brought it to the traffic point at Kasauli Chowk. The said car was bearing registration No. HP 35B -0300. Besides, Kuldip Singh aforesaid, two other persons including the Petitioner were occupants of the vehicle. All of them are residents of district Kullu. The Petitioner was having a blue coloured bag in his lap. On its search, 2 Kgs. Charas was recovered, which was kept into two envelopes. The samples were drawn and sealed and completed other codal formalities under the Act on the spot and all the accused persons including the Petitioner were arrested. The case property and the vehicle were taken into possession. Sample was sent for analysis to the laboratory, which tested positive.

(3.) As per the report of analysis, the quantity of resin found in the sample was 33.09% w/w.