SHUBHAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Sec. 439 of the Criminal Procedure Code, the petitioner is seeking bail in case F.I.R. No. 15/2023, dtd. 28/1/2023, registered at Police Station, Aut, District Mandi, H.P., under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act').

(2.) The prosecution story, in brief, is that on 28/1/2023, at about 02:05 P.M., while the police party had laid a nakka at place Shalanala, they saw a Haryana Roadways bus, bearing registration No. HR- 68C-6719, coming from Manali side, which was signaled to stop. The police party started checking the bags of the occupants of the bus and when they reached near seat No. 42, they saw one person sitting there, who was carrying a bag with him. On suspicion, the police party associated driver Ajeet and conductor Vinod as independent witnesses in the proceedings, in whose presence, the person sitting on seat No. 42 disclosed his name as Shubham (petitioner herein). During search of the bag of the petitioner, a black coloured substance in round shape was recovered, which on the basis of experience was found to be charas/cannabis. On weighment, the recovered contraband was found to be 114 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the accused. Consequently, he was arrested.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in this case. He has further contended that investigation in this case is almost complete and nothing remains to be recovered at the instance of the petitioner, as such, the petitioner, who is only 23 years old and is in custody since his arrest, is required to be released on bail.