PANKAJ TANWAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, invoking Sec. 439 of the Code of Criminal Procedure, has approached this Court for grant of bail in case FIR No.27/2021, dtd. 7/7/2021, registered under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') in Police Station Kunihar, District Solan, Himachal Pradesh.

(2.) Status Report stands filed. Record has also been produced.

(3.) Prosecution case is that on 7/7/2021 at about 5.20 pm at Link Road Tukadi-Ishwa near Hanuman Temple Kunihar, petitioner, who was coming from opposite side having a carry bag in his hand, on noticing the Patrolling Party, got perplexed and tried to flee from the spot which caused suspicion. Petitioner was overpowered and after associating two independent witnesses, who were crossing the road on their scooters, whereabouts of petitioner were inquired and spot action of the police was photographed and on search of carry bag of the petitioner 402 grams of Charas was recovered from it. Recovered contraband was taken in possession after following the prescribed procedure and after sending Ruka to the Police Station, FIR was registered and thereafter petitioner was arrested. After remaining for five days in police remand, petitioner was sent to judicial custody and since then he is behind the bars.