CHAMAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail under Sec. 439 Code of Criminal Procedure (in short "Cr.P.C.'), in FIR No.60 of 2022, dtd. 17/4/2022, registered in Police Station Banjar, District Kullu H.P., under Ss. 15, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act') and Sec. 420 of the Indian Penal Code (hereinafter referred to as "IPC').

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

(3.) As per the status report, on 17/4/2022 at about 4:30 a.m, SHO, Police Station Banjar, going from Batahar Chowk Banjar towards Devhari, alongwith companion Police Officials, noticed that a car coming from opposite direction was not facilitating pass to a truck going ahead of police vehicle and thus truck driver had to stop his truck on the road, whereupon Police Official alongwith SHO, except driver, came out of the police vehicle. On noticing the police in the headlight of the vehicle, car driver moved back his car in a fast speed in reverse gear and because of narrow and hilly road, hit his vehicle with the hill on the left side of the road. Thereafter, he came out of the car and ran towards Devhari forest. Another person was sitting on left front seat of the car. For suspicion about having some illegal articles in possession, person sitting on the left front seat of the car was apprehended and driver of car was tried to be chased, but due to darkness, he could not be chased and Police Official, who went behind him, came back to the spot after about one hour. Truck driver was associated, as a witness, who disclosed his name, as Mukthiar Ali. Person over powered from the car disclosed his name as Vijay Kumar alongwith his address and name of driver who fled from the spot as Gurpreet Singh with his address with further statement that car belongs to Gurpreet Singh and he had run away alongwith key of the car. On checking, no document of the vehicle was found, however, in the dickey of car, two bags containing chura post/poppy husk/poppy straw was recovered. On weighing, total 50 Kg 308 grams poppy straw was found in bags.