LAWS(HPH)-2023-4-18

BIJAY THAKUR Vs. STATE OF H.P.

Decided On April 04, 2023
Bijay Thakur Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) The petitioner's prayer for bail is in relation to FIR No.124 of 2022, dtd. 30/10/2022, registered under Sec. 21 of Narcotic Drugs and Psychotropic Substances Act (the Act in short) at Police Station Parwanoo, District Solan, H.P.

(2.) Heard learned senior counsel for the petitioner and learned Additional Advocate General for the respondent-State, considered the status report and also the record produced by the respondent.

(3.) The case against the petitioner is that on 30. 10.2022 at around 12:50 a.m., a policy party, on routine traffic checking duty, noticed a person carrying a rucksack near Kashyap Dhaba, TTR Parwanoo. The person was questioned about his movement at the night time. He did not respond satisfactorily. The police officials deemed it fit to carry out search of the bag carried by the person (bail petitioner). Because of night time, independent witnesses were not available. In accordance with law, search of the bag was carried out. During search, 6.77 grams of heroin was recovered. The recovery led to registration of the FIR and arrest of the accused (bail petitioner).