(1.) Petitioner is an accused in case FIR No. 16/2021, dtd. 24/2/2021, under Ss. 20 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short "ND&PS Act"), registered at Police Station Swarghat, District Bilaspur, Himachal Pradesh.
(2.) On 24/2/2021, police party had laid 'Nakka' near 'Thakur Bhojnalaya', Baner, District Bilaspur, HP. A car with registration No. HP-49-2697 (i-20) approached from Bilaspur side, which was stopped for checking. The driver of the car got perplexed on noticing police party. Tek Ram was the driver of the car and another person named Bobby Sharma was sitting besides him on the front seat. Independent witnesses were associated. Car was checked and charas weighing 1 kg 790 grams was recovered. During interrogation, accused Tek Ram and Bobby Sharma disclosed that they were carrying the contraband on the asking of Vikas @ Vicky and Hitesh, who had engaged them to transport the same beyond the Borders of Himachal Pradesh, in lieu of Rs.20,000.00. It was also disclosed that both these persons (Vikas @ Vicky and Hitesh) had travelled in advance in their vehicle No. DL-8CNA-7974 and were scheduled to meet them near Toll Plaza beyond place known as Garamoura. On this information, Vikas @ Vicky and Hitesh alongwith vehicle No.DL-8CNA-7974, were apprehended near Garamoura, Toll Barrier. All the said accused persons were formally arrested after completion of preliminary investigation.
(3.) The case of respondent-State further is that during investigation accused person apprehended by the police, disclosed the complicity of the petitioner in crime. As per respondent-State, the contraband recovered by the police was infact sold by the petitioner.