RAJIV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail under Sec. 439 Code of Criminal Procedure (in short 'Cr.P.C.'), in case FIR No.137 of 2020, dtd. 30/8/2020, registered in Police Station Padhar, District Mandi, H.P., under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) Status report stands filed. Record was produced.

(3.) As per prosecution case, on 29/8/2020, during patrolling for detection of offence related to Narcotic Drugs, police party laid a Nakka at Kufardhar, where, at 9.30 p.m., a Car bearing registration No.HP-29A-4404 came from Tikkan side which was stopped by the driver on signal of police personnel. There was no one in the vehicle except driver, who lit interior light of the car. On inquiry, it was revealed that he was petitioner. Police party asked for documents of the vehicle for checking and during course of taking out the documents from the Dashboard, a green coloured cloth carry bag fell down. On inquiry about this bag, petitioner got perplexed and could not give satisfactory explanation, which raised suspicion and necessity to search the bag. There was no habitation near the spot. For fifteen minutes police party waited for some passersby in vehicle, but no vehicle came during that time. Whereupon, search party of police personnel was constituted and carry bag was searched, wherefrom, black coloured stick shaped material was recovered. On the basis of smell and experience, material was identified as charas/cannabis. On weighing, charas was found to be 1.115 kilograms. By following procedure, contraband was taken into possession and seized and Rukka was sent to the Police Station. After registration of FIR, petitioner was arrested on 30/8/2020 at 5.10 a.m.