NAZAR KHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS order shall dispose of an application filed by the Petitioner for grant of bail under Section 439 Code of Criminal Procedure, in FIR No. 41/2011 dated 2.3.2011, under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) BRIEF facts of the case are that on 2.3.2011, at about 6.30 AM, at Chalon, a vehicle came from Manikaran side, which was stopped by ASI alongwith other police officials. Apart from the driver, one another person was found sitting on the front seat and the second person was found sitting on the back seat. On checking of the vehicle, it was found that one bag was there in the lap of the person sitting on the back seat. Another bag was found in the Dikki and on checking, Charas weighing 4 Kg. 500 grams was recovered and according to the story put up by the police, co - accused Raj Kapoor claimed that 1 Kg. belongs to him. 1 Kg. 500 grams belongs to co -accused Sahil and 2 Kg. belongs to the present Petitioner. The recovered Charas was taken in possession as per the procedure and a case under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered against the Petitioner and others. Bail application was firstly filed before the Court of learned Special Judge, Kullu (FTC Kullu), which was rejected. Hence, the present petition filed before this Court.

(3.) I have heard the learned Counsel for the parties and have gone through the record of the case.