PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 439 of Cr.P.C. for grant of regular bail in case FIR No. 25 of 2019, dated 12.2.2019, registered under Sections 20, 29 of Narcotics Drugs and Psychotropic Substances Act (herein after referred as "NDPS Act" for short) in Police Station, Chowari, District Chamba, H.P.

(2.) Status report stands filed, wherein after re-iterating the incident of interception of vehicle being driven by co-accused Narinder Singh at Tunuhatti and recovery of 13 KG 434 Grams of charas/cannabis therefrom, it has been stated that during police custody of co-accused Narender Singh, he had disclosed that recovered charas shall be sold to co-accused Surendra Rani W/o Surinder Kumar, R/o Ludhiana, Punjab and on previous occasions also he had sold charas to her and he had been in regular contact with her for selling/purchasing of charas through his Mobile number 88944- 97185 and Mobile number 98159-16506 of Surendra Rani. Upon this disclosure Call Details Report of mobiles were obtained and it revealed that Mobile number 98159-16506 had been issued in the name of Pawan Kumar (petitioner) and this Call Details Report also revealed that co-accused Narinder Singh and Surendra Rani were well acquainted and in constant touch with each other.

(3.) On the basis of aforesaid material, a Special Team was sent to Ludhiana on 12.2.2019, but till 14.2.2019, neither Surendra Rani nor Pawan Kumar could be apprehended and ultimately on 15.2.2019 at about 8:15 A.M. one car bearing No. PB-10 DB-8951 was intercepted by Special Team of Police with help of local CIA Police. Including driver, there were three occupants in the said car. Surendra Rani co-accused was sitting on the rear seat, whereas other two i.e. Sanjay Khanna S/o Surendra Rani and petitioner Pawan Kumar were sitting on the front seat and Sanjay Khanna was driving the car. During that checking 150 gms. charas was recovered from co-accused Surindera Rani and a case under Section 20 of NDPS Act was registered against three occupants of the vehicle in Police Station, Jodhawal, District Ludhiana and by learned Judicial Magistrate 1st Class, Ludhiana, they were sent in judicial custody vide order dated 2.3.2019.