ATUL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.), seeking regular bail in case FIR No.109/2021, dtd. 8/7/2021, registered under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), in Police Station Barmana, District Bilaspur, Himachal Pradesh.

(2.) Status Report stands filed. Record was also produced, which was returned after perusal with direction to the learned Additional Advocate General to retain photocopy of the relevant record.

(3.) Prosecution case is that on 8/7/2021, the petitioner alongwith three other co-accused was found travelling in a Car with broken bonnet, whereupon, on suspicion, Car was stopped by the police party for checking documents of the vehicle and when the driver was taking out the file of documents from the backside pocket of the seat, two packets had fallen down on the floor of the Car. After associating independent witnesses and inquiring the identity of the persons travelling in the Car, the said two packets were opened, wherein, on the basis of experience and also from verification from the occupants of the Car, it was identified to be Chitta/heroin. On weighing on electronic weighing machine, it was found to be 24 grams. After completing formalities, as per law and procedure, recovered contraband was taken in possession and seized alongwith Car and its documents and the petitioner alongwith co-accused was arrested after registration of FIR.