MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This order will dispose of these two petitions, titled as Manoj Kumar v. State of H. P. (Cr. M. P. M. No. 146 of 2002) and Shashi Kumar v. State of H. P. (Cr. M. P. (M) No. 147 of 2002) for the grant of bail. Both the petitions raise common question of law and facts.

(2.) It appears a case for offences punishable under S. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("Drugs Act" for short) read with S. 34 of the Indian Penal Code was registered with Police Station, Parwanoo, District Solan, on 4-5-2001 in terms of FIR No. 58 of 2001.

(3.) Prosecution case appears to be that on 4-5-2001 Bus No. PB-11N-3818 of Punjab Roadways Corporation was intercepted by ASI Jagdish Kumar at 11.30 a.m. in Sector VI at Parwanoo. The bus was bound to Bhatinda from Shimla. The bus was checked. There were 10-12 passengers. Accused Manoj Kumar was sitting on seat No. 19. He had a pull over on his lap. When the said pull over was checked, it was found that there was some bag in the arm of the pull over. The bag, wrapped in polythene, was searched. Charas in the shape of sticks was recovered from the bag. The Charas was weighed and found to be 850 grams. Samples were separately drawn and other formalities completed. The conductor of the bus informed the Investigating Officer that ticket for Manoj Kumar was purchased by other accused Shashi Kumar and accordingly Shashi Kumar was roped in by resorting to Section 34 of the Indian Penal Code.