MOHD. ISHAQ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant petition has been preferred for grant of regular bail under Sec. 439 of Criminal Procedure Code.

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

(3.) According to the status report, while the police party was on patrol duty on 19/3/2023 at Malthehad road, it received a secret information regarding transportation of narcotics in a vehicle described in the information. The information was considered reliable. The respondent, therefore, complied with all codal formalities as per law. Nakka was laid at the place described in the information. The vehicle described in the information was identified and was ordered to stop. The vehicle had two occupants. Their names were co-accused Devesh Jamwal and Mohd. Esaak-the driver (bail petitioner). Inquiries were made from both the occupants of the vehicle. They could not satisfactorily respond to the queries. The search of the vehicle was carried out in accordance with law. 8.52 grams of heroin was recovered from an envelope kept in the dash board/mobile rack of the vehicle. The recovery led to the registration of FIR in question and arrest of the petitioner alongwith co-accused Devesh Jamwal.