RELU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 95 of 2022, dtd. 17/7/2022, registered under Ss. 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS' Act), at Police Station Banjar, District Kullu, H.P. Petitioner is in custody since 1/9/2022.

(2.) It is alleged that on 16/7/2022 at about 8. p.m., a police party spotted one Bhime Ram son of Shri Bodu Ram, walking on the road with backpack on his back near Village Tinder. When the police party asked Bhime Ram to stop, he started running. Police party over powered him and got suspicious. Bhime Ram could not satisfactorily account for the contents of backpack. Police thereafter searched the backpack and recovered 7 Kg. 109 grams of charas. Case was registered and Bhime Ram was arrested.

(3.) It is further the case of the police that during investigation Bhime Ram disclosed that out of the recovered charas only 2 kg. 109 grams belong to him, whereas 2 kg. 500 grams each belong to his two associates namely Relu Ram, petitioner and Sunder Singh. Petitioner and Sunder Singh were also arrayed as accused. Petitioner was arrested on 1/9/2022. It is alleged that petitioner had repeated telephonic conversation with co'accused Bhime Ram. Thus, the police has come up with a story that all the three accused persons were to transport the contraband jointly. Accused Bhime Ram was asked to start walking on the pretext that petitioner and accused Sunder Singh were to arrange for a taxi. Before petitioner and co'accused Sunder Singh could join accused Bhime Ram, he had already been apprehended by the police.