MOHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) As both these petitions arise out of FIR No. 56 of 2021, dtd. 29/8/2021, registered at Police Station Kandaghat, District Solan, H.P. under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter to be referred as the "NDPS Act' for short), they are being disposed of by a common order.

(2.) The case of the prosecution is that the petitioners herein were apprehended by a police party on 29/8/2021, at about 3:15 p.m. when they were going on a Motorcycle bearing registration No. HP63A-8474, being driven from Chail side towards Sadhupul. The petitioners, on seeing the police party, tried to run away, but as the Motorcycle developed a snag, they were apprehended by the police. On the querry by the police, they disclosed their names as Mohan Singh and Rajesh Sharma. The pillion rider namely Mohan Singh was carrying a pithu bag, which when checked, was found containing a white coloured bag, in which, black coloured substance was found, which on smelling was found to be "charas. When weighed, it was found to be 353 grams. The contraband was sealed and proceedings were initiated against the petitioners under the provisions of the ND&PS Act. They were arrested as per law. The petitioners are stated to be in custody since then. Earlier, the bail applications filed by the petitioners before the learned Special Judge (3), Solan, District Solan, stood dismissed on 14/9/2021.

(3.) Mr. Vipin Pandit, learned Counsel for the petitioners has argued that the petitioners are innocent and have been falsely implicated in the case by the police. He stated that the petitioners are law abiding citizens who do not have any previous history of being involved in any criminal activity and it is only on account of manipulation of certain person(s) that a false case has been prepared against the petitioners on the basis of a concocted story and they have been arrested. He submitted that otherwise also, taking into consideration the fact that the petitioners do not have any previous criminal history and as the alleged recovery is of intermediate quantity, and further, as investigation is complete and challan already stands filed in the Court of law, no purpose is going to be served by detaining the petitioners in custody as they undertake to abide by all such terms and conditions which may be imposed by the Court upon them while granting bail.