DEEPAK BUDA MAGAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 55/2020, dtd. 17/2/2020, under Sec. 20 & 29 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS Act'), registered at Police Station Bhuntar, District Kullu, H.P.

(2.) On 17/2/2020, police officials of Police Station Bhuntar, District Kullu, H.P., stopped H.R.T.C. Bus No.HP-18B-9785 on Manikaran-Bhuntar road, which was enroute from Manikaran to Haridwar. The driver and conductor of the bus were associated as witnesses. While checking the passengers and luggage, police noticed that passengers sitting on seat Nos. 15,16, 20 and 21 were perplexed. On inquiry, the persons sitting on seat No. 15 disclosed his name as Tul Bahadur Buda and person on seat No.16 disclosed his name as Deepak Buda Magar i.e. petitioner. Seat Nos. 20 and 21 were occupied by Ash Kumari and Ram Bahadur, respectively. The persons of above noted four passengers were searched. 4Kg 110grams charas was recovered from the person of Ash Kumari and 4 Kg 19 grams charas was recovered from the person of Ram Bahadur. On investigation, it was found that all the above noted passengers occupying seat Nos. 15,16, 20 and 21 were traveling on a single ticket. The case was registered and all above noted persons were arrested. The investigation is complete and challan has been presented before the learned Special Judge, Kullu, H.P. Charges have been framed and the case is fixed for recording the statements of prosecution witnesses.

(3.) Learned counsel for the petitioner has submitted that the petitioner is innocent. He was not aware about the contraband being carried by Ash Kumari and Ram Bahadur. It has also been contended on behalf of the petitioner that nothing was recovered from him and it cannot be presumed that petitioner had any role in the commission of alleged crime.