TULE SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 Code of Criminal Procedure (in short "Cr.P.C."), seeking bail in case FIR No.83 of 2019 dtd. 27/5/2019, registered in Police Station, Joginder Nagar, District Mandi, H.P., under Ss. 18, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") and Ss. 181, 192 and 196 of the Motor Vehicles Act (hereinafter referred to as "M.V. Act").

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

(3.) As per status report, on 26/5/2019, police party, had laid a Nakka near Galu on National Highway-154 and was checking vehicles. At about 8.15 p.m., a car bearing registration No.HP-01C-0612 coming from Joginder Nagar side was stopped and driver was asked to show the documents, but he could not produce the same, rather he got perplexed and stuttered. On inquiry, he disclosed his name Tule Singh (petitioner). For not giving satisfactory answers to the questions of the police, on suspicion, independent witnesses were associated and car was searched in which, under left side front seat, three packets wrapped with tape were found, and one bag, concealed under the cardboard of the Dickey was found. In the bag also, five wrapped packets were found. From six packets, 3.289 kilograms charas and from remaining two packets 413 grams opium was recovered, which were taken into possession and seized by following prescribed procedure.