CHAMAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking the provisions under Sec. 439 of Code of Criminal Procedure (hereinafter in short Cr.PC) for grant of regular bail in case FIR No. 360 of 2020 dtd. 22/12/2020, registered in Police Station Nurpur, District Kangra HP, under Sec. 20 of Narcotic Drugs and Psychotropic Substance Act (in short "NDPS Act')

(2.) Status report stands filed, wherein it is stated that on 22/12/2020, police party, during patrolling and traffic checking, had stopped a motorcycle being driven by one Vinod Kumar at Sutrahad Chowk near Panchayat Ghar Bhaleta at about 11.30 AM for traffic checking. According to status report, at that time another motorcycle being driven by petitioner was also stopped by police party for traffic checking and when said person had taken out the documents of vehicle from dickey of motorcycle, a red coloured bag had fallen on road which was picked up by Assistant Sub Inspector. The Assistant Sub Inspector noticed some sticks of black coloured solid material in the said carry bag whereupon another motorcyclist Vinod Kumar was associated as independent witness and carry bag was checked and solid material found therein, on the basis of experience and smelling, was found to be charas and petitioner could not give any satisfactory answer for recovery of said charas from carry bag, which, on weighing was found 146 grams. Thereafter, by complying the prescribed procedure, contraband was taken in possession and seized. A ruka was sent for registration of FIR to Police Station. On registration of FIR after preliminary interrogation, the petitioner was arrested on spot.

(3.) As per status report, on chemical analysis of recovered contraband, it has been verified as 140 grams charas. It is also stated in the status report that challan was presented in court of learned Special Judge/Sessions Judge Dharamshala District Kangra on 19/2/2021 which is pending adjudication in the Court of learned Additional Sessions Judge-I, Dharamshala. It has further been stated that after his arrest, petitioner remained in police custody and thereafter, since 24/12/2020 he is in judicial custody.