VICKY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 Cr.P.C., seeking bail in case FIR No. 77 of 2021, dtd. 26/4/2021, registered in Police Station Aut, District Mandi, H.P., under Ss. 20, 25, 29 and 27­A of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act').

(2.) Status report stands filed and record was also made available.

(3.) Prosecution case, in brief, is that on 26/4/2021, at 8.45 PM, police had set up a Naka on a link road from Panarsa to Dalashani. At about 9 PM, a vehicle No. HP­01M­1868 coming from Dalashani to Panarsa side, was stopped on signal of police. The vehicle was occupied by driver and one lady sitting on co­ driver seat. On inquiry about their travel on that road, they could not give satisfactory answer. They disclosed their identity as Vicky(petitioner) and Kirna Devi (co­accused). When they were being questioned about their whereabouts by police, both of them had tried to press a carry bag kept between the seats which created suspicion whereupon two independent witnesses, residents of Panarsa, were associated and made members of search and seizure party. After complying with procedure, the bag was checked wherein 17 small packets, containing black coloured substance were found. On the basis of experience, on smelling, it was identified as charas. On weighing it on electronic weighing machine, it was found 1.831 Kg. Recovered contraband was taken in possession and seized after complying with procedure.