ANIL VEKTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, who is apprehending his arrest on being part of a chain for transporting 4 kilograms 054 grams of Opium, has come up before this Court seeking bail in FIR No.196 of 2020, dated 2.11.2019, registered under Sections 18-61-85 of the NDPS Act, in Police Station, Theog, District Shimla, Himachal Pradesh, disclosing cognizable and non-bailable offenses, on the ground that even as per the case of the prosecution, the said opium was never handed over to him, hence no offence was committed by him.

(2.) The petitioner's criminal history relating to the offences prescribing sentence of greater than seven years of imprisonment or when on conviction, the sentence imposed was more than three years: The contents of the petition and the status report do not reveal any criminal history.

(3.) The allegations in the First Information Report and the gist of the evidence collected by the Investigator are that on 2.11.2020, SI Jagjeet Singh received a secret information that a Nepalize National is likely to visit near Patrol Pump, Theog to hand over the some contraband to another person. The investigator recorded such information under Section 42(2) NDPS Act and proceeded to visit the spot. On reaching the spot, the investigator noticed one person, who had features of Nepali person, near HIMFED Godown. The said person was looking for someone. On inquiry, the said person revealed his name as Mahesh Khattri. He was carrying a bag in his hand. After that the I.O. associated two independent witnesses and in their presence opened the said bag, which led to recovery of 4 kilograms 054 grams of opium. After complying with the procedure under NDPS Act and Cr.PC, the investigator sent the information for registration of FIR to Police Station, Theog. On receipt of such information, the investigation was taken over by Dy. S.P. Vikram Chauhan. Subsequently, the police arrested said Mahesh Khatri on 2.11.2020, during the night.