PARVEEN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, under Section 438 Cr.P.C., for granting him anticipatory bail in case FIR No. 21 of 2021 dated 11.2.2021, registered under Sections 15, 29, 27-A of Narcotic Drugs and Psychotropic Substances Act (hereinafter in short NDPS Act ) and Section 212 IPC in Police Station Paonta Sahib, District Sirmaur (H.P.).

(2.) Status report stands filed wherein it is brought on record that on 2.11.2021, at about 6 AM, on the basis of reliable information that truck No. HP-11-4991 moving towards Banjara Basti huge poppy-straw can be recovered, the said information was transmitted to Sub Divisional Police Officer as provided under 1of NDPS Act and police party had rushed towards Banjara Basti where aforesaid truck was found coming towards Satiwala Chowk main road. However, on seeing the PCR van of police, person driving the truck, after parking the truck, had come out from driver side and had fled towards Yamuna river by taking benefit of darkness and dense fog and despite taking help of torch and mobile light, he could not be chased by police officials, and during checking of truck, 8 plastic bags were found in rear portion of truck and on opening of one bag, poppystraw was found therein, which created suspicion that other 7 plastic bags might have been containing poppy-straw, whereupon house owners of houses, adjacent to the spot, were asked to join search and seizure process, but, by citing their difficulties, they refused to come on spot, whereupon Panchayat Pardhan Anjana and Up-Pardhan Satnam Singh were called on spot from their houses through PCR van and were asked to join search and seizure process, but, they also had refused to join as independent witnesses by referring their own restrictions. Thereafter, a Constable was sent to Toll Tax Barrier Bahral in search of independent witness wherefrom Toll Tax Barrier employee Arun Sharma had agreed to become an independent witness and thus, he was associated in search and seizure process. Thereafter, 8 plastic bags were unloaded from truck and each bag was opened and checked, wherein poppy-straw was found. On weighing with electronic scale available in police vehicle, in total 200.278 Kg poppy-straw was found in those bags. Thereafter, by sending a ruka, FIR was registered in Police Station and recovered contraband was seized and taken in possession by Investigating Officer and thereafter, SI Gian Singh along with police officials had gone to Khaira valley of Yamuna river in search of accused, then in Khaira valley also, he had found 6 plastic bags of poppy-straw and two spades and one belcha kept in pits of sand under cover of bushes. In these bags, in total 150.500 Kg poppy-straw was found, which was also taken in possession along with belcha and spades.

(3.) On 15.2.2021, Higher Police Officers had constituted a Special Investigation Team for investigating the case. During investigation, truck owner Ajmer Singh was interrogated, who had disclosed that on 10.2.2021 Parveen Kumar resident of Satiwala (petitioner), who was his neighbour, had approached him in the morning for his truck to shift the goods therein and he (Ajmer) had agreed for that and in the evening Parveen and Subhash had come to his house and asked him to bring the truck near Reliance Petrol Pump, Taruwala by saying that both of them would meet him there, whereupon, Ajmer had driven his truck from his house and Parveen and Subhash had followed him in his (Ajmer s) Alto car and thereafter, Parveen had telephonically informed Ajmer that Mohammad Deen @ Kala and Chaman @ Tinku will meet him behind the petrol pump and asked him (Ajmer) to hand over the key of truck to them and accordingly he (Ajmer) had handed over the key of truck to Mohammad Deen and Chaman @ Tinku and started coming back on foot towards Badripur and by that time, Parveen and Subhash, who had brought his car, handed over the car to him and thereafter he (Ajmer) went home.