NARESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Above named bail petitioners namely Naresh Kumar, Jagar Nath and Ram Payara, who are behind the bars for the last two months, have approached this Court in the instant proceedings filed under Sec. 439 Cr.P.C, for grant of regular bail in case FIR No. 109 of 2023, dtd. 6/4/2023, under Ss. 15 and 29 of ND&PS Act and Ss. 181 and 191 of Motor Vehicle Act, registered at Police Station Nalagarh, District Solan, H.P.

(2.) Pursuant to notices issued in the instant bail petitions, respondent-State has filed status report and ASI Vijay, PP Nalagarh, District Solan, H.P., has come present alongwith the records. Records perused and returned.

(3.) Close scrutiny of the status report/record reveals that on 6/4/2023, police after having received secrete information that bail petitioners travelling in car bearing registration No. HP 12J-9561, are carrying/transporting narcotics i.e. poppy husk, laid Naka and stopped the aforesaid vehicle for search. Since persons sitting in the vehicle got perplexed, police after having associated the independent witnesses, conducted their search and allegedly, recovered 4.897 kgs of poppy husk from the bag kept below front seat of the vehicle. Since no plausible explanation came to be rendered on record qua the possession of the aforesaid quantity of contraband, police after having completed necessary codal formalities lodged FIR detailed herein above and since then, bail petitioners are behind the bars. Since investigation in the cases is complete and nothing remains to be recovered from the bail petitioners, they have approached this Court for grant of regular bail.