ROSHAN THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner by way of instant petition has prayed for grant of bail under Sec. 439 Cr.P.C. in case registered vide FIR No.170 of 2022, dtd. 23/11/2022, under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'ND&PS Act), at Police Station, Dhalli, District Shimla, H.P.

(2.) Petitioner was arrested on 23/11/2022 and is in custody since then. Report under Sec. 173 Cr.P.C. stands filed in the Court.

(3.) The case against the petitioner is that on 23/11/2022, a routine police patrol near Kufri, received a secret and credible information to the effect that a person bearing shirt with checks and grey pant and having a bagpack was involved in selling 'Charas' to consumers near Kufri bye-pass. Report under Sec. 42 (2) of the ND&PS Act was prepared and sent to the office of Additional Superintendent of Police, through Constable Vikrant Singh. Independent witnesses were associated. A person was found near liquor vend at Kufri. When police party signaled him to stop, he started running towards Fagu but was overpowered by the police party. He disclosed his name as Roshan Thakur (petitioner). The bagpack carried by petitioner was searched on suspicion. 514 grams of Charas was recovered from the bag. The case was registered and petitioner was arrested. In addition, currency notes worth Rs.4570.00 were also recovered. Report submitted by the Forensic Science Laboratory, has also opined the substance recovered from the bag of petitioner to be extract of cannabis and sample of Charas.