LAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 77 of 2021, dtd. 19/12/2022, registered under Ss. 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short 'NDPS' Act), at Police Station Sainj, District Kullu, H.P. Petitioner is in custody since 22/12/2021.

(2.) Brief facts necessary for adjudication of the petition are that on the basis of a prior information police apprehended a vehicle No. HP-01M-2710 being towed by recovery van No. HP-67-5034 on 19/12/2021 at about 12.00 noon. 6 kilograms 48 grams of charas was recovered from the vehicle. Case was registered. During investigation, it was found that the contraband belonged to accused Kumar Chand and accused Surajmani. Both the accused were arrested. During investigation, accused Kumar Chand disclosed that the charas was purchased from petitioner. Statement of accused Kumar Chand under Sec. 27 of Evidence Act was recorded and said accused is stated to have identified the place where he had taken delivery of contraband from petitioner.

(3.) On the basis of statement of co-accused, petitioner was arrested on 22/12/2021. As per the case of police, petitioner suffered a statement under Sec. 27 of Evidence Act on 24/12/2021 and disclosed that he had sold the recovered contraband to other co-accused for a sum of Rs.2,48,000.00, out of which Rs.90,000.00 had already been spent and balance of Rs.1,50,000.00 was lying in his shop. Accordingly, recovery of Rs.1,50,000.00 is alleged to have been made from the shop of the petitioner on his identification. It is further alleged that during investigation petitioner identified those spots in the jungle where he had prepared the charas.