MANGLESHWAR SON Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court by invoking provisions of Sec. 439 of Cr.P.C., seeking regular bail in case FIR No. 44 of 2021, dtd. 7/5/2021, registered under Sec. 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in Police Station Kumarsain, District Shimla, H.P.

(2.) Status report stands filed, wherein it is stated that on 7/5/2021, during patrolling, when Police party reached near Bithal Chowk in Kumarsain at 10:15 A.M., it had noticed that a boy standing under the tree of Pipal, turned back and started to move towards Kotgarh Bhuti road, looking back again and again at the Police party which raises suspicion, whereupon he was apprehended at a distance of 100 meters and was brought to Bithal Chowk. When apprehended, the boy had started saying that he was not in habit of consuming any drugs, alcohol etc. which fortified the suspicion of the Police party. At that time, a vehicle came from Sainj side, which was stopped and two persons sitting therein, including driver, were joined and associated in search and seizure process as independent witness. On inquiry boy was identified as petitioner.

(3.) It is further stated in the status report that in response to notice and information given to the petitioner under Sec. 50 of NDPS Act, he had opted for his search before a Gazette Officer, whereupon Sh.Chander Shekhar, Sub Divisional Police Officer, Rampur was requested on mobile phone to reach on the spot and petitioner was searched after complying with codal formalities in presence of Sub Divisional Police Officer on the spot and during search of person of the petitioner, a polythene pouch containing whitish light brown solid material was found and the petitioner had disclosed that it was Chitta. Police official, on the basis of experience, had also identified it as Heroin/Chitta. On weighing, recovered contraband was found 30 grams. The same was taken in possession and seized in accordance with procedure prescribed under law and on registration of FIR after sending rukka to the Police Station, petitioner was arrested.