SHASHI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 37.86 grams of heroin, the petitioner, who is under arrest, on being arraigned as accused in FIR Number 117 of 2019, dated Nov 21, 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 Parwanoo, 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.

(3.) The gist of the First Information Report and the investigation is that on Nov 21, 2019, police party was on patrolling duty within the jurisdiction of its Police Station, Parwanoo. At around 2.10 a.m., when the police party had reached the Apple Market they noticed two persons walking who on seeing the police party became perplexed and started running away. On this the police officials stopped their vehicle, ran after the two persons and nabbed them. During this period both these persons took out two pouches from their pockets and threw them on the road. It raised suspicion and then the police party inquired about their identities.