MARK HEGEDUS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 90/2012 dated 11.05.2012, registered at Police Station, Kullu, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act ( for short 'Act').

(2.) It has been stated that a case under Section 20 of the Act has been registered against the petitioner, who is in judicial custody since 11.05.2012. The prosecution case, in brief, is that on 11.05.2012 at about 5.00 p.m., the police party was at 'Reuni Nala'. The petitioner was coming towards Chowki through a short -cut. The petitioner disclosed that he was going to Malana village. The petitioner was carrying a bag which was checked and 'Charas' weighing 1.970kg was recovered from him.

(3.) THE status report has been filed. It has been stated that case has been registered on the basis of rukka dated 11.05.2012. The police party was at 'Reuni Nala' on 11.05.2012 at about 5.00 p.m. A foreigner with steely bag on his back was going towards Chowki at place Katagala. He was stopped. On inquiry, he disclosed his name Mark Attila. He had shown his passport and was found to be a national of England. He was asked why he was going through forest path, he told that he was aware of the path and was going to Malana village. He asked the police to check his bag. In fact, petitioner himself helped in opening the bag. On close scrutiny of the bag, it was found that something was very cleverly concealed in the bag and ultimately 1.970 kg 'Charas' was recovered from the bag. The sampling and sealing were done on the spot. The sample and bulk quantity of 'Charas' were taken into possession. The N.C.B. forms were filled. The petitioner committed offence under Section 20 of the Act. He was arrested. The S.F.S.L., Junga, found resin 37.49% w/w and opined the sample 'Charas'. The challan has been submitted in the Court on 06.07.2012. The submission has been made for rejection of the bail application.