VISHAL DHIMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 15.17 grams of Heroin, the petitioner, who is under arrest, on being arraigned as accused in FIR Number 03 of 2020, dated Jan 17, 2020, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (after now called " NDPS Act "), in the file of Police Station New Shimla, Distt. Shimla, HP, disclosing non-bailable offences, has come up before this Court under Section 439 CrPC, seeking regular bail.

(2.) Status report stands filed and taken on record. I have seen the status report(s) as well as the Police file, to the extent it was necessary for deciding the present petition, and heard learned Counsel for the parties. FACTS

(3.) The gist of the First Information Report and the investigation is that a police party of Special Investigating Unit, Shimla, was on patrolling duty on Jan 16, 2020 to detect crime and for the purpose of patrolling in a private vehicle. At ab round 9.30 p.m., at a place near Jhinjhari, the police party spotted a young person who was walking carrying a bag in his hand. On seeing the police party he became perplexed and started running in the reverse direction. On this, suspicion arose and the police party nabbed him. After that the police party associated independent witnesses and in their presence conducted search of the bag carried by the said person. On search the police party detected brown substance in a plastic pouch which on checking from the Drug Detection Kit tested positive for Heroin. When weighed it turned out to be 15.17 grams. The said person disclosed his identity as Vishal Dhiman the petitioner herein. Subsequently, the police party also complied with the procedural requirements under the NDPS Act and the CrPC and arrested the petitioner. ANALYSIS AND REASONING: