GAGAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 of Code of Criminal Procedure (in short 'Cr.PC'), seeking regular bail in case FIR No. 151 of 2020 dtd. 12/10/2020, registered under Ss. 20 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') in Police Station Jwali, District Kangra H.P.

(2.) Status report stands filed wherein it is stated that on 12/10/2020, police party had set up a Naka for traffic checking on the main road from 32 Mile to Kuthehar in Tehsil Jawali. At 5.30 PM a car bearing No. HP- 34C-6425 was noticed coming from 32-mile towards Jawali, driver whereof, on noticing police party, started to move it towards fields whereupon police party overpowered him after stopping the car. Apart from driver, two other persons were sitting on back seat, who disclosed their names Vishal and Gagan (petitioner) respectively.

(3.) On suspicion arisen on account of behaviour of driver, the raiding party was constituted, by associating independent witnesses i.e. Up-Pradhan and Ward Panch of Gram Panchayat Kuthehar and vehicle was checked. During checking, a carry bag was recovered from co-driver seat of car, wherein 1 Kg. 072 grams charas was found in two envelopes. After taking samples of contraband, the contraband was taken in possession and seized by following the procedure. After sending the ruka, FIR was registered and thereafter, petitioner along with co-accused Vishal and Dhundi was arrested. As per State FSL report, recovered contraband was confirmed as charas.