RAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 of Code of Criminal Procedure (in short 'Cr.PC'), seeking regular bail in case FIR No. 10 of 2019, dtd. 31/3/2019, registered under Sec. 20 of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') in Police Station Patlikuhal, District Kullu, H.P.

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

(3.) In the status report, details of circumstances in which petitioner is alleged to have been found in possession of 2 kilograms charas, have been narrated, stating therein that during patrolling on 31/3/2019, at about 7.20 a.m., on checking of car HP-02K-1897, being driven by petitioner, a carry bag kept on side of the Engine under Bonnet was recovered which was taken into possession and seized by following prescribed procedure. After sending Rukka to the Police Station, FIR was registered and investigation was carried on. After that, during investigation, on finding sufficient material, petitioner was arrested at 3.30 p.m. Since then petitioner, after remaining in police custody, is in judicial custody. As per status report, petitioner disclosed that he had purchased the charas from some Nepali, who was known to him by face but without knowledge of his name and address. As per State Forensic Science Laboratory (SFSL) report, contraband has been confirmed as charas.