AMAR SINGH 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. 34 of 2020, dtd. 17/3/2020, registered under Ss. 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') in Police Station Banjar, District Kullu, H.P.

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

(3.) As per status report, on 16/3/2020, at about 11.30 p.m. police party on Nakka duty, stopped a car coming from Gushaini side for checking and when police tried to approach the car for checking, car driver reversed it with speed and when police officials rushed towards the vehicle, he suddenly stopped the vehicle, and immediately thereafter, a person sitting on rear seat of driver side came out of the car and ran away towards the cliff. Other two persons sitting in the car were overpowered. Despite making effort to chase, third person who ran towards the cliff, could not be apprehended. Two persons, apprehended by the police, disclosed their names as Nitin Sharma (driver) and Rajesh Kumar and they also disclosed name of third person as Tilak Raj. A yellow coloured bag kept on rear seat on the right side of Rajesh Kumar, was checked, wherein 8.076 kilograms charas was found. Recovered contraband was taken into possession and seized by following prescribed procedure and by sending Rukka, FIR was registered in Police Station Banjar and, thereafter, during investigation Nitin Sharma and Rajesh Kumar were arrested on 17/3/2020 at 6.05 a.m.