KALI DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner, invoking Sec. 439 of the Code of Criminal Procedure, have approached this Court for grant of bail in case FIR No. 228 of 2020, dtd. 20/8/2020, registered under Sec. 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act ( for short 'NDPS Act'), in Police Station Sadar Kullu, District Kullu, Himachal Pradesh.

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

(3.) As per status report, petitioner Kali Dass, owner-cum-driver of vehicle No. HP-34C-5687, while driving the car along with two passengers namely Budh Ram and Govind, was stopped by police on 19/8/2020 at 9 PM for checking. Budh Ram was sitting on front seat of car whereas Govind with a bag was sitting on rear seat. As per status report, occupants of vehicle were perplexed leading to suspicion of transportation of some illegal articles or narcotic drug. Whereupon, for non-availability of independent witnesses, police officials were associated in search and seizure process and vehicle was checked. Govind sitting on rear seat was hiding a rucksack bag in between his legs. On checking whereof, 1.596 Kg. charas was recovered. After following the procedure, charas was taken in possession and seized and by sending a Ruka to Police Station, FIR was register. Investigation was completed and all three occupants of vehicle were arrested for transporting the contraband. Since then, after remaining in police custody, petitioner is in judicial custody.