HARI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail in case FIR No. 6 of 2021, dtd. 2/1/2021, registered in Police Station Kullu, District Kullu, H.P. under Sec. 20 of Narcotic Drugs and Psychotropic Substances Act (in short "NDPS").

(2.) Status Report stands filed and record has also been made available.

(3.) Prosecution case as detailed in status report is that on 1/1/2021 at about 9:30 P.M., patrolling Party had laid Naka at Bastori Road in District Kullu. At about 10:20 P.M., petitioner was noticed coming from Ramshila side with the help of mobile torch, having a carry bag in his hand. Head Constable Sandeep Kumar had asked him to stop and disclose his identity and explain the reason for his movement in the night during curfew hours. Petitioner, while disclosing his identity, was looking at carry bag in his hand. On inquiry about articles in carry bag, he turned around and started running towards Bastori. He was chased and overpowered at a distance of about 25-30 steps. At that time no independent witness was available despite making efforts and waiting for passersby, whereupon Police officials were associated in search and from the carry bag 1.046 Kilograms Charas was recovered, which was weighed on electronic balance available with the Police. Recovered contraband was seized by adopting prescribed procedure and a rukka was sent to the Police Station, on the basis of which FIR was registered and thereafter petitioner was arrested by another Investigating Officer on 2/1/2021 at 5:30 A.M. After remaining in Police remand for three days, petitioner was sent to judicial custody and since then he is in judicial custody.