TAKEO TAKAHASHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) I propose to dispose of these two petitions under Section 439 of the Code of Criminal Procedure, for the grant of bail as both the petitions raise common question of law and arise out of similar facts.

(2.) In Takeo Takahashi v. State of Himachal Pradesh, Cr.M.P (M) No. 1476 of 2001, the petitioner is a Japanese National and is a Karate Instructor by profession. He was arrested on 3rd December, 2001 in case FIR No. 562 of 2001 dated 3rd December, 2001, registered with Police Station, Kullu, for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as "the Act. According to prosecution case, HC Chaman Lal of Police Chowki, Bhuntar, alongwith other police officials was on routine patrol, at about 6.10 p.m. at Bajaura Bazar, he received source information that a person sitting on seat No. 27 in bus No. HP -01 -2042 was carrying "Charas". This bus was bound to Delhi from Manali. HC Chaman Lal reduced the information in writing and sent the same to his superior officers. He reached Check Post, Bajaura at about 6.30 p.m. In the meanwhile, bus No. HP -01 -2042 of Harison Travels came from Bhuntar side. The bus was signalled to be stopped. The police party entered the bus. Petitioner, who was sitting at seat No. 27 got perplexed. He was carrying a bag in his lap. He was informed by the police that there is an information that he was carrying "Charas". He was given option of being searched in the presence of a Magistrate or a Gazetted Officer. The petitioner consented to be searched by the police. On the search of the bag, police recovered "Charas" in the shape of sticks packed in polythene. "Charas" so recovered was weighed and found to be 200 grams. After completing formalities accused was arrested and informed about the grounds of his arrest.

(3.) In Peter Bortolotti v. State of Himachal Pradesh, Cr. M.P. (M) No. 1477 of 2001, on 14.12.2001, petitioner Bortolotti, an Italian National, was travelling in bus of Himachal Road Transport Corporation No. HP -34 -3186, which was bound to Haridwar from Manali. The bus was stopped by Sub Inspector/Station House Officer Kaur Singh of Police Station, Kullu, at Bajaura Barrier. The bus was checked. Petitioner was sitting on seat No. 5 and was carrying a bucket in his lap. The bucket was opened which contained rice pullow. The pullow was stirred and "Charas" in shape of sticks, was seen and recovered from the bucket. Accused was arrested and informed about the ground of arrest. ¢