SUKHDEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court for grant of bail under Sec. 439 Cr.P.C. in case FIR No. 113 of 2020 dtd. 13/8/2020 under Ss. 21, 22 and 29 of the Narcotics and Psychotropic Substances Act, 1985, (for short the Act), registered at Police Station, Damtal, District Kangra, H.P. Petition is in custody since 13/8/2020.

(2.) The trial against petitioner is pending before learned Special Judge, Kangra at Dharmshala. The case against petitioner is that on 12/8/2020 at about 7.15 p.m., he was spotted by a police party near Ram Gopal Temple on road leading to "Fauji Pahari" Damtal, District Kangra, H.P. He was identified to be the same person, who was involved in FIR No. 105 of 2020 under Sec. 21 of NDPS Act, registered at the same police station i.e. Police Station, Damtal, District Kanga, H.P.

(3.) On noticing police officials, petitioner took out a packet from underneath his T-shirt and after throwing it towards the bushes, started walking briskly. Petitioner was apprehended by the police officials. On inquiry about the thrown packet, petitioner got perplexed. The packet thrown by the petitioner was got picked from him and on its search, 600 capsules were recovered. Further personal search of petitioner was conducted in presence of a gazetted officer and heroin weighing 6.96 grams was recovered. After recovery and seizure proceedings, "Ruka" was sent to police station and FIR No. 113 of 2020 was registered.