GAGANDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, a prayer has been made for release of the petitioner on bail, in F.I.R. No.76 of 2022. dtd. 11/3/2022, registered against him at Police Station Nalagarh, District Solan, H.P., under Ss. 20, 29, 61 and 85 of the Narcotic Drug and Psychotropic Substances Act (hereinafter to be referred as "NDPS Act", 1985.

(2.) The case of the prosecution is that on 11/3/2022, a police party headed by Inspector Mohinder Singh, received information that a taxi bearing registration No.CH"02 AA"3733 was on its way from Kullu. There were about four/five occupants in the vehicle and the occupants of the car were near Baglaher Bridge where they were in the course of finding persons to whom the contraband which was in their possession could be sold. As per the prosecution, the police party was informed that in case the vehicle alongwith persons could be apprehended then large quantity of contraband could be recovered. This information was received by the police party at around 1.30 a.m. It is further the case of the prosecution that after completing codal formalities, a raiding party was constituted and when the said party reached Baglaher Bridge at Ravindra"Nalagarh"Swarghat Road, it found the vehicle parked. The raiding party apprehended the vehicle and after giving their introduction they asked the driver to show his particulars who disclosed the same. Other occupants also disclosed their identification which included the present petitioner. In the course of search, Charas weighing 1.236 kg was recovered from a bag which was kept inside the car above the hand break. Upon recovery of the said contraband, after completion of necessary formalities the accused were arrested including the present petitioner.

(3.) Learned counsel for the petitioner submitted that the petitioner is innocent and has been wrongly implicated by the prosecution in the matter. Learned counsel submitted that the petitioner happened to be known to the driver of the vehicle and on his insistence, a few days before the alleged contraband was recovered, the petitioner had accompanied the driver of the vehicle alongwith couple of passengers to Manikaran in District Kullu, H.P. and thereafter, they had proceeded to Kullu and were on their way back from Kullu to Ambala, when the car was apprehended. She further argued that all the other occupants of the vehicle were strangers, as far as petitioner is concerned. He has no connection with them. He was not aware about the contents of the bag from which the alleged contraband was recovered. In these circumstances, she submitted that as the petitioner is innocent and further as the contraband otherwise has not been recovered from conscious possession of the petitioner, this petition be allowed and the petitioner be ordered to be released on bail.