KEDAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 64/2022, dtd. 6/8/2022, under Sec. 15/61/85 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS Act'), registered at Police Station Shillai, District Sirmour, H.P.

(2.) Brief facts necessary for adjudication of the petition are that on 6/8/2022, a police team of Special Investigation Unit, Nahan received secret information that petitioner was indulging in trade of poppy straw. Compliance under Sec. 42(2) of ND&PS Act was made. Two independent witnesses were associated and in their presence, police team visited the shop of the petitioner at place Nielkhad. Petitioner was found present in the shop. On search 5.270 Kg Poppy Straw was found in a gunny bag kept inside the shop. The case was registered and the petitioner was arrested.

(3.) In the status report filed on behalf of the respondent, it is stated that investigation has been completed and challan remains to be prepared. It is also revealed from the status report that on earlier occasions also petitioner has been involved in criminal activities. He is an accused in case registered vide FIR No. 11/2022, dtd. 27/1/2022, under Sec. 39(1) A HP Excise Act and case registered vide FIR No. 19/2022, dtd. 17/2/2022, under Sec. 15 and 20 of ND&PS Act and Sec. 39 1(A) H.P. Excise Act of the same police station i.e. Police Station Shillai, District Sirmour, H.P.