SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant bail petition filed by the petitioner under Sec. 438 of Code of Criminal Procedure is in relation to FIR No. 94/2021, registered on 14/9/2021, under Ss. 20 and 29 of NDPS Act, at Police Station, Banjar, District Kullu.

(2.) The prosecution case is that on 14/9/2021, a police patrol party present near "Chet Modh' had stopped a vehicle bearing No. HP-16AA-1040 for routine checking. The vehicle was driven by one Ramit Kumar. Another person named Karan Singh was occupying the adjoining front seat. Back seat of the car was occupied by one Suraj Singh. During search of the car, carried out in accordance with law, 446 grams of cannabis was recovered from a bag held by Suraj Singh. The recovery of contraband led to the registration of the FIR. All the three accused namely Suraj Singh, Karan Singh and Ramit Kumar were arrested on 14/9/2021. During investigation, the accused statedly disclosed that they are drug addicts. That they had purchased the recovered cannabis from Sunil Kumar (present bail petitioner) who was friend of accused Karan Singh. The three accused also disclosed that the cannabis was purchased from the bail petitioner on 14/9/2021 against cash payment of Rs.30,000.00 to him.

(3.) The investigating agency obtained the CDR of the mobile numbers belonging to all the four accused including the bail petitioner. The CDR disclosed that all the accused were in constant touch with each other on phone w.e.f. 10/9/2021 onwards. Number of calls were exchanged between accused Karan Singh and the bail petitioner on 13th and 14/9/2021.