DILBAR KHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these petitions arise out of the same FIR and involve identical questions of facts and law, therefore, both the petitions are being disposed of by a common order.

(2.) The case under Sec. 21 and 29 of Narcotic Drugs and Psychotropic Substances ( for short "ND&PS") Act and Ss. 181, 192 and 196 of Motor Vehicles Act, has been registered at Police Station, Sunni, District Shimla, H.P., in case FIR No. 24/2022, dtd. 10/3/2022.

(3.) Police recovered and seized 142 grams heroin from vehicle No. HP-01M-2445, which was occupied by the petitioners. Petitioner Dilbar Khan in Cr.M.P(M) No. 947 of 2022, was on driving seat and petitioner Rajinder Sharma in Cr.M.P(M) No. 948 of 2022, was the other occupant of the vehicle. Police had prior intimation about the crime. Compliance of Sec. 42(2) of ND&PS Act was made and thereafter the contraband was recovered at about 10.30 p.m. at place Bashalti near Madhod Kenchi within the jurisdiction of Police Station, Sunni.