HIMANSHU THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 12.07.2021, whereby petitioner was ordered to be enlarged on bail, in the event of his arrest in FIR No.64/2021, dated 5.7.2021, under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act, registered at Police Station Banjar, District Kullu, H.P., respondent-State has filed the status report, which is taken on record.

(2.) Perusal of status report reveals that on 5.7.2021, coaccused namely Sammi Kumar, after having seen the police at nakka laid down by the police near Sindhwa Chowk, tried to turn his motorcycle and allegedly, he also threw one bag in the nearby bushes. Since, conduct of above-named co-accused was suspicious, police stopped motorcycle and apprehended the above-named coaccused, from whose conscious possession, subsequently, 622 grams of charas/cannabis, came to be recovered. Since, no plausible explanation came to be rendered on record by above-named coaccused qua possession of aforesaid quantity of alleged contraband, police after completion of necessary codal formalities, lodged FIR against him as detailed hereinabove. During investigation, abovenamed co-accused, allegedly, disclosed to the police that he had purchased aforesaid quantity of contraband from present bail petitioner, for a sum of Rs.28,000/-.

(3.) In the aforesaid background, police while incorporating Section 29 of the Act in the FIR detailed hereinabove, also named present bail petitioner as an accused, who apprehending his arrest, has approached this Court in the instant proceedings, praying therein to grant anticipatory bail.