SANJAY VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 500 grams of charas, the petitioner, who is under arrest, on being arraigned as accused in FIR Number 218 of 2019, dated Dec 18, 2019, registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (after now called 'NDPS Act'), in the file of Police Station Jogindernagar, District Mandi, HP, disclosing non-bailable offences, has come up before this Court under Section 439 CrPC, seeking regular bail.

(2.) Status report stands filed. 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.

(3.) The gist of the First Information Report and the investigation is that on Dec 18, 2019 the police party was on patrolling and traffic checking duty at Chanag near Hill Top on National Highway No. 154 within the jurisdiction of Police Station Jogindernagar. At about 5.00 p.m., one motor cycle bearing No. PB91G 4136, came which was asked to stop. Mohit Kumar was driving the said motor cycle and Vishal Thakur was the pillion rider. When the police party asked them to show the documents they became perplexed and Vishal Thakur, the pillion rider, tried to run away. He was carrying a back pack. On this the Investigating Officer suspected that it might be carrying some contraband. After associating one independent witness, the police conducted the search of the back pack and recovered charas which when weighed was found to be 500 grams. On investigation, Vishal Thakur told that Sanjay Verma (petitioner herein) had handed over this charas to him and he had already left the place in a car ahead of them and while doing so he was checking regarding the presence of the police on the way and whether there was any police verification on the spot or not. Subsequently, the police party also complied with the procedural requirements under the NDPS Act and the CrPC and arrested the petitioner as well as the other co-accused.