SANDEEP THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court for grant of bail in case FIR No. 171/2022, dtd. 24/11/2022, registered under Ss. 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'ND&PS' Act), at Police Station Dhalli, District Shimla, H.P.

(2.) Petitioner is in custody since 24/11/2022.

(3.) Brief facts necessary for adjudication of the petition are that on 24/11/2022, a police party had laid 'Nakka' near Chhrabra, within the jurisdiction of police Dhalli. They received a secret information that one Car No. HP-95-2257 (Alto) was on way from Chandigarh to Rampur with two persons namely Anuj Sirkek and Sandeep travelling therein and in case, the vehicle was searched Chitta/Heroin could be recovered. Proceedings under Sec. 42(2) of ND&PS, Act, were drawn and information was sent to the Supervising Officer, Police Station Dhallli. At about 9:00 am, two independent witnesses were associated. Car No. HP-95-2257 (Alto) was noticed by the police party at 9:30 am with two persons occupying the same. The vehicle was stopped. Accused Anuj Sirkek was on the wheel and petitioner was occupying the front passenger seat. The vehicle was searched. 10.54 grams of Chitta/Heroin was recovered from beneath the foot mat of the driver seat. After preliminary interrogation, the case was registered. Petitioner alongwith other co-accused namely Anuj Sirkek were arrested. On completion of investigation, challan has been presented before the Court against both the accused persons including petitioner.