BHAGESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By means of the present petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail, in F.I.R. No.02/2020, dated 01.01.2020, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act , 1985, registered at Police Station, Parwanoo, District Solan (H.P.).

(2.) The gist of the case against the petitioner is that on 01.01.2020, the police party, headed by ASI Roshan Lal, was on patrolling duty towards TTR and had reached near Tipra at Whether reporters of Local Papers may be allowed to see the judgment? Yes. around 08.55 p.m.; they noticed a person sitting alone there near an abandoned house, who on seeing the police, tried to run away and simalteneously threw a packet from his pocket; he was nabbed on suspicion; on asking, he disclosed his name as Bhagesh Kumar (bail petitioner); the packet thrown by the petitioner was checked by the police; it contained gray colour substance, which eventually was found to be heroin; the recovered substance was weighed with electronic scale and was weighed 6.71 grams. The entire procedure , in accordance with law, was completed and the case was registered against the bail petitioner.

(3.) I have heard learned counsel for the petitioner, learned Additional Advocate General, for the respondent/State and gone through the status report.