SAPNA 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. 47 of 2022 dtd. 20/2/2022, registered under Ss. 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act ') in Police Station Sadar, District Bilaspur H.P.

(2.) Status report stands filed. Record was also made available.

(3.) As per prosecution case, on 20/2/2022 when patrolling police party was doing traffic checking near Police Station Gate at Bilaspur, at about 5.30 PM Car No. HP-73A-4004 with two occupants, was stopped for traffic checking. Rishi Kumar was driving the vehicle and petitioner was sitting on front seat on other side. The car driver could not produce any document and occupants of car were perplexed. It raised suspicion of transportation of some objectionable article/substance and therefore, Malik Khalil, sugarcane juice vendor available on spot, and Smt. Seema Chandel were associated as independent witnesses in search process and names and addresses of occupants of car were inquired and in presence of all car was checked minutely. Stepney was taken out from dickey and under the cardboard of dickey, two wrapped polythenes were found wherefrom 1.750 Kg. charas was recovered. The aforesaid charas was taken in possession and seized in accordance with law. After sending Ruka to Police Station, FIR was registered under Ss. 20, 25 and 29 of NDPS Act and after registration of FIR, petitioner and Rishi Kumar were arrested. After remaining in police custody for five days, they were sent in judicial custody by learned Chief Judicial Magistrate, Bilaspur.