PUNIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For selling 80.72 grams of heroin to one Anil Kumar, the petitioner, who is under arrest, on being arraigned as accused in FIR Number 95 of 2019, dated Oct 06, 2019, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (after now called " NDPS Act "), in the file of Police Station Arki, Distt. Solan, 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. Whether reporters of Local Papers may be allowed to see the judgment?

(3.) The gist of the First Information Report and the investigation is that on Oct 06, 2019, police party of Police Station, Arki was conducting patrolling to detect crime and substance abuse. At around 12.00 noon, the police party received a secret information that one Anil Kumar is indulging in selling heroin from his house located at village Chamrol, P.O. Shalaghat, Tehsil Arki. The informant also told the police officials that if they conduct raid at his house then they are likely to recover huge quantity of Heroin. After receipt of this information the Investigating Officer allegedly complied with the provisions of Section 42 of the NDPS Act and after that proceeded towards the house of Anil Kumar. At about 12.45 p.m. police party reached at the house of said Anil Kumar. After associating independent witnesses police conducted raid at the house of Anil Kumar and recovered a polythene envelop containing a substance which on checking from the Drug Detection Kit tested positive for Heroin and upon weighment found to be 80.72 grams. Subsequently, the police party also complied with the procedural requirements under the NDPS Act and the CrPC and arrested Anil Kumar.