GAURAV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner, invoking Sec. 439 of the Code of Criminal Procedure, has approached this Court for grant of bail in case FIR No. 233 of 2022, dtd. 17/9/2022, registered under Sec. 21 of Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act'), in Police Station West (Boileauganj), District Shimla, Himachal Pradesh.

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

(3.) As per prosecution case, police party, during patrolling and traffic checking, in Bus No. HP-63C-2923, enroute Delhi to Shimla, apprehended the petitioner as on seeing the police he was appearing perplexed and on inquiry, he could not give satisfactory answer, therefore, joining bus driver and conductor as independent witnesses in search and seizure process, following the procedure prescribed under law, personal search of petitioner was conducted whereupon a plastic pouch having light brown coloured substance therein was recovered from his pocket, which, on the basis of experience, was identified as heroin/chitta. On weighing, recovered contraband was found 5.60 grams. Thereafter, contraband was taken in possession and seized. After sending Ruka to Police Station, FIR was registered and investigation was completed. During investigation, on finding ground for arrest of petitioner, he was arrested at 2 PM on 17/9/2022 on the spot.