PURAN 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. 371 of 2019, dtd. 19/12/2019, registered under Sec. 20 of Narcotic Drugs and Psychotropic Substances Act (in short "NDPS Act") in Police Station Sadar Kullu, District Kullu, H.P.

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

(3.) Prosecution case is that on 19/12/2019 police party received a reliable information from a faithful informer that in a red colour car, bearing registration No. HP-34C-6203 coming from Dobi Manali towards Raison Kullu, two persons namely Puran Chand and Prem Chand (petitioner) were travelling with huge quantity of contraband to supply it in other States. As per information, there was possibility of apprehending both persons by putting Nakabandi immediately. As there was possibility of occupants of car leaving the area, an information, in terms of Sec. 42(2) of NDPS Act, was reduced into writing and was sent to Dy.S.P. through C. Ashok Kumar and a Naka at Raison bridge was laid. The aforesaid car was came and stopped at 12.05 AM. Due to odd hours, independent witness could not be associated despite making all out efforts and therefore police personnel were associated in search and seizure process and occupants of car were enquired about their whereabouts. Driver was Puran Chand and Prem Singh was sitting on front seat on left side. They disclosed their names and addresses and when police personnel communicated intention to check the vehicle, both of them tried to flee from spot by opening the doors of car but they were apprehended with the help of police personnel and on search of car, 5.382 Kg. charas was recovered from a carry bag kept under the seat of driver.