RAM LAL 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.86 of 2021, dtd. 8/6/2021, registered in Police Station Bhawarna, District Kangra, H.P., under Ss. 20 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 is that police patrolling party, on 8/6/2021 at about 3.40 PM, noticed two persons sitting in a forest at a distance of 50 metres from National Highway, but, looking here and there abnormally while talking with each other. At that time, there was Corona curfew and activities of both created suspicion and, therefore, police party, headed by ASI Madan Lal, moved towards them for inquiry, whereupon one of those; possessing a rucksack bag, threw it in forest and both of them tried to flee from spot but were overpowered on the spot. Suspecting some illegal material in bag, for search thereof, independent witnesses namely Rozy Rana and Chanderveer Katoch Pradhan and Up-Pradhan Gram Panchayat Paraur were associated in search and seizure party and identification of both persons was inquired. The person, who threw the bag, disclosed his name as Shyam Singh with his address, whereas another person disclosed his name as Ram Lal. Thereafter, bag was checked wherein 1.212 Kg. black coloured stick shaped substance was found, which, on smelling, burning and on the basis of experience, was identified as Charas. It was taken in possession and seized by following the procedure. After registration of FIR, on the basis of Ruka sent to Police Station, both persons were arrested at 10.45 PM. State FSL has confirmed the recovered contraband as charas.