AMINODEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This bail petition arises out of FIR No.9/2023, dtd. 10/2/2023, registered under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') at Police Station Nerwa, District Shimla, H.P.

(2.) The respondent has filed the status report and also produced the record.

(3.) The case against the petitioner in nutshell is that a patrol party was on routine checking duty on 10/2/2023 within its jurisdictional area. At around 6:30 pm, it noticed a pedestrian coming from Fediz Bridge and going to Jamaradi Barrier. Seeing the police personnel, that person suddenly turned backward and started running. In this process, he took out some articles from his jacket pocket and threw the same on road. The person was nabbed by the police officials. It was deemed fit to carry out his search. The packet thrown by the person was retrieved. Search was carried out in accordance with law. 80 numbers of blue coloured capsules were found inside the packet. The capsules were with the inscription 'PYN-SPAS PLUS'. The FIR was registered under Sec. 22 of the NDPS Act on 10/2/2023. Since the capsules were lying loose and identity of the contraband was not clear, the petitioner was not arrested that day, awaiting report from SFSL Junga about the nature of the drug/contraband recovered from him. Report from SFSL Junga was received on 1/3/2023. As per the report, the recovered capsules contained Tramadol. Total weight of the capsules was 52.821 grams. The petitioner was arrested on 21/4/2023 after the dismissal of his anticipatory bail petition, bearing Cr.MP(M) No.876 of 2023, on 21/4/2023.