BALWANT GHUNTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner-Balwant Ghunta @ Happy Ghunta, who is behind bars since 10/4/2022, has approached this court by way of instant petition filed under S. 439 CrPC, for regular bail in FIR No.35, dtd. 21/6/2021 under S.22 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Nerwa, District Shimla, Himachal Pradesh.

(2.) Pursuant to order dtd. 14/8/2023, respondent State has filed status report, ASI Asim Parvez, investigating officer, Police Station Nerwa, District Shimla, Himachal Pradesh has come present with record. Record perused and returned.

(3.) Perusal of record /status report reveals that on 21/6/2021, police party headed by ASI Sanjay, stopped a motor cycle bearing registration No. UA-07S-9025 for checking at Fediz bridge. Since, after having seen police, driver of the motor cycle namely Dhruv Ghunta tried to turn the motor cycle, police deemed it necessary to cause his personal search and search of the motor cycle. After associating independent witness, police apprehended co- accused Dhruv Ghunta and allegedly recovered 40 bottles (100 ml each) of cough syrup Corex from a bag tied on backside of motorcycle. Since the above named person failed to render plausible explanation qua possession of aforesaid quantity of the contraband, police after having completed necessary codal formalities lodged FIR, as detailed herein above against Dhruv Ghunta, who otherwise now stands enlarged on bail vide order dtd. 31/12/2021 passed by this court in CrMP(M) No. 2319 of 2021. Since Challan stands filed in competent court of law and nothing remains to be recovered from bail petitioner, he has approached this court for grant of regular bail.