TANUJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail in case FIR No. 13 of 2021, dtd. 19/2/2021, registered in Police Station Janjheli, District Mandi, H.P. under Ss. 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short "NDPS").

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

(3.) Prosecution case in brief is that on 18/2/2021, Police Party was going to Chiyuni for laying naka and when they reached at Nihari at about 8:25 P.M., a faithful informer had informed that one person, namely Jai Singh having mobile No. 98163-27507, was coming from Chakudhar Jungle towards Chiyuni Road with charas in his bag and that he had to transport the charas in Alto Car No. HP-87-0138 of his friends. At 8:34 P.M., Head Constable Nek Ram while moving towards Chakudhar Jungle, from his mobile number 94184-34000, had sent this information on Whatsapp to Sub Divisional Police Officer on his mobile number 93172-21006 in the shape of an application under Sec. 41(2) for authorization letter to search the Alto Car. In response, SDPO had communicated authorization to Head Constable Nek Ram at 8.54 P.M. In the meanwhile Head Constable had also informed SDM Thunag about it with request to send his subordinate Officers as independent witnesses by sending a notice under Sec. 56 of NDPS Act on Mobile of SDM. At about 8:48 P.M., SDM had deputed two Officers, through Whatsapp, as independent witnesses. At about 8:50 P.M., Head Constable reached near scissors curve i.e. 'V' curve (Kanchi Mod) and found an Alto Car HP87-0138 parked near the cliff. Interior lights of the Car were on and three persons were sitting in it. The moment Police vehicle stopped near the Alto Car and Police Head Constable, in dress, came out of the Police vehicle, a person sitting alongwith driver on the front seat, opened the door of the Car and jumped from the cliff and ran away from the spot by taking benefit of dark. Inspector Kamlesh Kumar had asked the persons of Police Party not to chase the said person, as there were deep gorges all around. However, persons sitting in the Car were inquired. Driver had disclosed his identity as petitioner, whereas lady sitting on rear seat of the Car had disclosed her name Naina Devi. From the mobile Phone of Naina Devi call was made on the mobile of person who had fled from the spot, but his phone was reported to be switched off, but Truecaller reflected his name as Jai Chand. At 9.50 P.M. Naib Tehsildar Ved Prakash and Field Kanungo Kuran Chand, deputed by SDM Thunag, reached on the spot in a private vehicle. During search of the Car, a bag was recovered kept in front of co-driver's seat wherefrom 6.674 Kilograms of charas was recovered in presence of independent witnesses, Ved Prakash and Kuran Chand. Due to darkness and drizzling on the spot further proceedings were not possible on the spot. Therefore, recovered charas was handed over to Naib Tehsildar Ved Prakash till completion of written proceeding at some safe place. Thereafter, Head Constable Nek Ram contacted Forest Guard Balwant Singh on Mobile and narrating the circumstances asked him about appropriate place to carry our further written proceedings. Balwant Singh suggested to complete further proceedings in his rented room at Lamba Thach whereupon Police Party alongwith witnesses and accused-persons started to Lamba Thach. On the way, engine of car of accused persons stopped and could not be restarted due to low battery, whereupon car in custody of HHG Kapil was left on the road and rest all moved to Lamba Thach in other two vehicles and further proceedings were completed with the help of Laptop, printer and weighing machine brought by Police Party. The recovered contraband was taken in possession by following the procedure prescribed and thereafter rukka was sent to Police Station. After registration of FIR, petitioner alongwith Naina Devi were arrested on 19/2/2021 at 9:20 A.M. Jai Chand could not be traced and apprehended, however after availing anticipatory bail from the High Court on 19/7/2021, he joined the investigation. His bail application was rejected on 20/7/2021, thereafter Jai Chand was arrested and subjected to interrogation. All these accused are now in judicial custody.