KISHAN THAKUR Vs. STATE OF H. P.

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail under Sec. 439 Code of Criminal Procedure (in short "Cr.P.C.'), in case FIR No.17 OF 2021, dtd. 23/5/2021, registered in Police Station Kunihar, District Solan, H.P., under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act').

(2.) Status report stands filed.

(3.) Prosecution case, in brief, is that on 23/5/2021 police party of Special Investigating Unit (SIU) Solan, was on patrolling in civil dress in the area of Subathu, Kunihar etc. At about 11.45 a.m. on a road from Kunihar-Jubbla, a person (present petitioner) was found sitting on a parapet. Vehicle was stopped in front of him to inquire about the reason for sitting there during curfew on account of pandemic. Police party gave its introduction, whereupon that person tried to hide something under white Gamchha with his legs which created suspicion, whereupon, on lifting the aforesaid Gamchha, it appeared that a bag is there. For suspicion, it was proposed to check the bag, but because of Lockdown, movement of vehicles and persons was not there on the road. No residential house or shop was situated nearby, therefore, police officials were associated as witnesses to witness the search and seizure process and on search of the bag black solid substance was found therein. On the basis of experience, on smelling and also on inquiry from that person, it was identified as charas. Recovered contraband was weighed on digital machine and it was found to be 256 grams. After completing all codal formalities, the recovered contraband was taken into possession and seized. By sending Rukka to the Police Station, FIR was registered and another Investigating Officer was called on the spot. During investigation, petitioner was arrested.