RAVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under S.439 CrPC, prayer has been made on behalf of the bail petitioner Ravi, who is behind the bars since 12/2/2022 for grant of regular bail in case FIR No. 23, dtd. 12/2/2022 registered at Police Station Barmana, District Bilaspur, Himachal Pradesh under Ss.20 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) Respondent State has filed status report and ASI Anil Kumar, PS Barmana, District Bilaspur, Himachal Pradesh has come present with records. Records perused and returned.

(3.) Close scrutiny of record/status report reveals that on 12/2/2022, police party present at naka laid near Kainchi More, Barmana NH No. 154, stopped a pickup bearing registration No. PB-11BR-5129 for checking but since after seeing the police, the occupant of the vehicle got perplexed and started making excuses, police after having associated independent witnesses conducted search of the vehicle as well as driver and allegedly recovered one carry bag containing 3.202 kg charas/ cannabis. Since no plausible explanation came to be rendered on record by the bail petitioner qua possession of aforesaid quantity of the contraband, police after having completed necessary codal formalities lodged FIR, as detailed herein above and since then the bail petitioner is behind the bars. Since investigation in the case is complete and nothing remains to be recovered from bail petitioner coupled with the fact that there is an inordinate delay in conclusion of trial and co-accused Rahul Kumar already stands granted bail vide judgment dtd. 27/6/2023 in Cr.MP(M) No. 845 of 2023 passed by this Court, prayer has been made on behalf of the bail petitioner for grant of regular bail.