MEHAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition for grant of bail under Section 439 of the Code of Criminal Procedure has been filed by applicant Mehar Chand, who was arrested.in case FIR No. 74 of 2001 dated February 14, 2001 registered with the Police Station, Kullu, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act.")

(2.) Prosecution case in brief is that on February 14, 2001, Inspector Roshan Lai along with other police officials was checking the buses in routine at Bajora. At about 7.45 p.m. a Bus "Harisons Travel" No. HP -01 -1741 reached Bajora Check Post. The bus was signalled to be stopped. The bus was being conducted by Chuni Lal. Police started checking of the bus. When Police reached near seat No. 29 of the bus, it was found that accused -applicant was sitting on seat No. 29 with a bag. He was asked to open his bag and get it checked. The accused -applicant opened the Zip of the bag, smell of Charas started coming. When the bag was thoroughly searched two speakers CD and from two hidden pockets of the bag Charas was recovered. Accused was asked to come out of the bus along with the bag. Recovery memoes were prepared. The Charas so recovered was weighed and found to be 5 killo 800 grams. Samples were separately drawn. Applicant -accused was arrested and furnished with grounds of his arrest. Applicant -accused had earlier also filed an application for the grant of bail, which was dismissed as withdrawn with liberty reserved to the applicant to move an appropriate application after consideration of the charge against him. Accused is under trial before the learned Special Judge, Kullu. Charge against him was framed on May 24, 2001 and the case is now listed for recording evidence on July 11, 2001.

(3.) Case of the accused -applicant is that he has falsely been implicated and mandatory provisions of Section 50 of the Act have not been complied with. No independent witness was associated nor search was taken before the Gazetted Officer. It is also stated that no option was given to the accused -applicant for being searched before any Gazetted Officer or Magistrate.