GIRIDHAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Through Video Conferencing.

(2.) Perusal of status report having been filed by the respondent-State reveals that on 25.10.2019, police party present at TCP Bajora, stopped a VOLVO bus for checking. Since occupant of seat No. 18 namely Tahal Singh got perplexed after having seen the police, police Whether the reporters of the local papers may be allowed to see the judgment?conducted his search in the presence of independent witnesses and allegedly, recovered 1.2 Kg of Charas. Since no plausible explanation came to be rendered on record by the above named occupant, police after completion of necessary codal formalities, lodged aforesaid FIR against the bail petitioner on 26.10.2019. During investigation, above named person Tahal Singh informed the police that he purchased the contraband in question from person namely Ramesh Chand for a total consideration of Rs. 80,000/-. Above named person also disclosed to the police that contraband allegedly recovered from him was to be sold to one Gary Bhai alias Ghardeep Singh Dutta, R/o Ropar, Punjab. During investigation, Tahal Singh disclosed to the police that Gary Bhai alias Ghardeep Singh transferred money in the account of the present bail petitioner. On the basis of aforesaid information shared by the Tahal Singh police carried out further investigation and found that some money was transferred in the bank account of the present bail petitioner by Gary Bhai alias Ghardeep Singh. In the aforesaid background, police called upon the present bail petitioner to join the investigation. On 19.12.2019, police arrested the bail petitioner and since then, he is behind the bars.

(3.) Precisely, case of the Investigating Agency against the present petitioner is that contraband allegedly recovered from the conscious possession of Tahal Singh was to be sold to Gary Bhai alias Ghardeep Singh , who in turn had deposited some amount in the bank account of the present bail petitioner. During investigation, police found that sum of Rs. 24,450/- was sent by Gary Bhai alias Ghardeep Singh to the bank account of the present bail petitioner on various dates. Though present bail petitioner claimed before the Investigating Agency that since he runs the business of tour and travels, Gary Bhai alias Ghardeep Singh transferred some amount for the purpose of booking of hotel etc., but such plea of him was not accepted by the police because petitioner failed to place on record any documentary evidence suggestive of the fact that he has business of tour and travels.