KULDEEP SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) BOTH the accused persons/Petitioners were apprehended by the police in FIR No. 111 of 209 registered in Police Station Parwanoo on 31st December, 2009 allegedly for having in their possession 2 kg. of charas while traveling in a private vehicle. They have approached this Court for seeking bail under Section 439 of the Code of Criminal Procedure.

(2.) THE facts in brief, as alleged can be stated thus. 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 stopped and tried to reverse the vehicle. On getting 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. Kuldip Singh Petitioner was driver. He is a shop -keeper running a grocery shop at Anni (Kullu) and the other person sitting on the rear seat was Guddu Ram of village Luhargi, falling in the jurisdiction of Police Station Anni. Another man besides him was Khem Chand of the same area. Khem Chand was having a blue coloured bag in his lap.

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