VISHAL MASSI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail under Sec. 439 Code of Criminal Procedure (in short 'Cr.P.C.'), in case FIR No.67 of 2021, dtd. 4/8/2021, registered in Police Station Parwanoo, District Solan, H.P., under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

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

(3.) Prosecution case, in brief, is that on 4/8/2021, at about 8.30 a.m. police party, on patrolling and for detection of offences under NDPS Act etc., was present at Jabli. A special informer had informed the police that in a Truck bearing registration No.HP-64B-0924 Ashok Leyland coming from Parwanoo towards Solan with two occupants, huge quantity of Chitta/heroin was there. Information was specific and reliable and there was possibility of concealment of evidence and contraband, therefore, report under Sec. 42(2) of NDPS Act was prepared and sent to Supervising Officer of Special Information Unit (SIU) through Constable Puneet Kumar and police party moved towards Koti, Chakki Mod and T.T.R. etc and laid Nakka at Four-Lane near Punjabi Rasoi Dhaba at Koti and independent witnesses Bhupinder Thakur and Bhim Dutt were also associated after informing them about information received from an informer. At 9.30 a.m. the Truck in reference with two occupants came from Parwanoo side which was stopped by the police and occupants had disclosed their identity as Vishal Massi (petitioner) and Aman Kumar. Truck was searched in accordance with law and from the Cabin of the Truck a white coloured plastic pouch, containing white coloured substance, was found in Dashboard located in front of Conductor seat and through drug detection kit, it was confirmed as Chitta. On weighing, on digital weighing machine, it was found 8.05 grams. Rukka was sent to the Police Station for registration of FIR and Truck as well as recovered contraband were taken into possession and seized in accordance with law. After registration of FIR petitioner-Vishal Massi and Aman Kumar were arrested on 4/8/2021.