UMAR IBRAHIM Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail under Sec. 439 Code of Criminal Procedure (in short "Cr.P.C."), in FIR No.154 of 2020, dtd. 1/10/2020, registered in Police Station Damtal, District Kangra, H.P., under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act").

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

(3.) As per status report, on 1/10/2022 at 5.02 AM, an information was received from reliable informer that in a Truck No. JK-03D-8971, parked near Hill Top Mandir Damtal, on the side of National Highway-44 facing towards Mukerian, poppystraw is being transported from Jammu. Information was reliable. In case of delay, there was possibility of disappearance of contraband and evidence as well as possibility of movement of Truck from spot. Therefore, Ruka was sent by Inspector Harish Guleria, SHO Police Station Damtal to Duty Officer of Police Station Damtal to record the said information and this information/Ruka was directed to be considered an information letter under Sec. 42(2) of NDPS Act with instruction to send the said report to SDPO Nurpur District Kangra. Through mobile phone contact, Surender Singh and Sudesh Kumar were joined as independent witnesses in the raiding party and on reaching at spot, driver Ibrahim and Hilal Kadir Bhatt were found sitting in the Truck. They were inquired about material being transported in the truck. They responded that they were transporting apples but they could not give satisfactory answer for parking the truck at that spot. Whereupon, information received by police was communicated to both of them and in presence of independent witnesses truck was searched. After removing tarpaulin, gunny bags were found in the truck which were covered by apple boxes. On unloading, in total, 12 gunny bags were recovered. In each gunny bag, there were small polythene packets containing poppystraw.