GYAN PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant petition has been preferred by the petitioner, seeking anticipatory bail under Sec. 439 of the Code of Criminal Procedure (in short 'Cr.P.C.), in case FIR No. 179 of 2021, dtd. 13/7/2021, registered in Police Station, Sadar, Kullu, under Sec. 20 of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act')

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

(3.) Prosecution case is that on 13/7/2021, police party of Police Station Kullu, during patrolling towards Kullu, Bhuntar, Jiya, Ramshila etc., at Budgarinala towards Dugvarah road near Larikot at about 8.20 AM laid a Naka. At 8.35 AM two young boys were noticed coming from Larikot side towards police party. One of those, on noticing police party, handed over the carry bag to another boy and both of them turned back and started running. The police party overpowered them at a distance of about 15-20 steps and inquired them about reason for running on noticing the police party and also about articles in carry bag. But they could not answer satisfactorily which raised suspicion that there might be some illegal article in the carry bag. Thereafter, after associating two passersby namely Channe Ram and Giru Ram in the search and seizure party, bag was checked in presence of two boys wherefrom 1.076 Kg. charas was recovered. The boy holding the bag first disclosed his name Gyan Prakash and another disclosed his name Mitesh Thakur.