SURENDR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner seeks regular bail in FIR No. 6/2021, dtd. 12/1/2021, registered under Ss. 21 and 29 of Narcotics Drugs and Psychotropic Substances Act (in short "NDPS Act') at Police Station, Nahan, District Sirmour, H.P.

(2.) As per prosecution case, a police party was on patrol duty on 11/1/2021 near "Katasan', District Sirmour. At 10:05 P.M., it received a secret information about a white coloured Swift car bearing No. HP-17C-2466 coming towards Nahan from Panta Sahib side. The vehicle was stated to have two occupants. It was further informed that the search of this vehicle, which was about to cross "Katasan' could result in recovery of a large quantity of bottles containing prohibited narcotic substance. The information was reliable, therefore, the procedure contemplated Sec. 42 of the NDPS Act was complied with. Two persons who were coming out from Katasan Devi Temple were requested and associated as independent witnesses. At around 10:30 P.M., the vehicle in question came from Paonta Sahib side. It was signalled to stop. The vehicle had two occupants. On questioning, the driver of the vehicle disclosed his name as Surender Singh (petitioner). The other person occupying the adjacent seat gave his name as Mandeep Singh. After complying with the prescribed procedure, search of the vehicle was carried out. From a bag kept along side Mandeep Singh's feet, 15 plastic bottles each having 100 ml syrup marked "Bolirex' were recovered. All the recovered bottles had Codeine Phosphate, a manufactured drug prohibited under the NDPS Act. The occupants of the vehicle could not produce any licence/permit for carrying these bottles. The patrol party also deemed it fit to carry out personal search of the occupants of the vehicle. As per their request, the personal search was carried out in presence of Additional Superintendent of Police. Nothing incriminating was recovered during personal search. Seizure of 15 bottles of Codeine Phosphate led to registration of the FIR in question.

(3.) As per status report, during investigation, the petitioner statedly disclosed that he and Mandeep Singh had purchased 16/17 bottles from Amit Medical Store, Sailakui Sahaspur (Uttrakhand). A bottle each was consumed by the petitioner and his accomplice Mandeep Singh. Remaining 15 bottles were being carried by them to one Shibu @ Savi. To the similar effect was the disclosure statedly made by Mandeep Singh. As per the status report, the investigating agency went to Sailakui Sahaspur, however, Amit Medical Store could not be located there. The shop identified by the petitioner was carrying the board of Bhuvneshwari Medical Store. No bottle of Bolirex syrup was found in that medical store.