JITENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 14.43 grams of heroin, petitioner is in judicial custody, as an accused in FIR No.448/21, dtd. 23/11/2021, registered under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the 'Act' hereinafter) at Police Station Sadar, Una, District Una H.P. Petitioner was arrested on 23/11/2021 and seeks enlargement on bail by means of instant petition filed under Sec. 439 of the Code of Criminal Procedure.

(2.) I have heard learned counsel for the parties and gone through the status report.

(3.) The prosecution case is that police party of Special Investigating Unit while patrolling the area under its jurisdiction on 23/11/2021 received a secret information at around 4.30 p.m. that the bail petitioner and his accomplice Vishal Chandel are actively indulging in sale/purchase of drugs. The information was to the effect that both of them had gone towards Kalsehra (Punjab) on the motor-cycle described in the information for securing the contraband. The information was reliable whereafter procedure in accordance with law was complied with. The police party intercepted the motor- cycle in question coming from Kalsehra side which was being driven by the petitioner. Accused Vishal Chandel was pillion rider on the same. The box held by Vishal Chandel was searched. 14.43 grams of heroin was recovered from this box. The recovery led to the registration of the aforesaid FIR and arrest of both the accused persons.