BHAG CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, petitioner has approached this Court, for enlarging him on bail in case FIR No. 25 of 2017, dated 9.2.2017, registered in Police Station, Sundernagar, District Mandi, under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short NDPS Act).

(2.) In status report filed on behalf of State, incident in which 1.200 Kilograms charas was recovered from two persons, namely, Sagar and Yashwant, has been narrated and it is stated that during investigation Sagar and Yashwant had disclosed that they had purchased the charas from Manoj alia Kali Nath Bawa, who after his arrest, in turn, had disclosed that he had purchased the charas from Kullu and he had identified house of petitioner in village, wherefrom he had purchased the charas, whereupon petitioner was also arrayed as an accused in the case.

(3.) As per status report, despite making all efforts, petitioner was not traceable and he could not be arrested even on issuance of non bailable warrants and thus was declared proclaimed offender vide order dated 22.11.2017 and thereafter, on 17.2.2020, he was spotted at Aut by the Police and he was apprised about the case and during interrogation he disclosed that he had prepared the charas with his own hands in the jungle and had sold it to Manoj alias Kali Nath Bawa for '95,000/-. Thereafter, petitioner was arrested and produced in the Court on 18.2.2020 and since then he is in judicial custody.