HET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is accused in case FIR No. 18 of 2023, dtd. 23/1/2023, under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, (for short 'ND&PS Act', at Police Station, Boileauganj, District Shimla, H.P. He is in custody since 23/1/2023.

(2.) Brief allegations against the petitioner are that on a prior information, police intercepted the vehicle No. HP-24D-4194 (Innova) within the jurisdiction of Police Station (West), Shimla at about 10.10 p.m. Total 10 persons including females and children were found occupying the vehicle. One Mansa Ram was on the wheel and the petitioner was occupying the front passenger seat. Two minor girls sitting on the rear seat were appearing to be sick and accordingly, the vehicle was taken to PHC, Dhami. The girls were provided first aid. Thereafter, the vehicle was checked. Petitioner is stated to be holding a jacket in his lap. On checking the jacket, 356 grams 'Charas' was recovered. None of the other occupants of the vehicle are stated to have knowledge about the petitioner carrying the contraband with him. The case was registered and petitioner was arrested.

(3.) The status report filed on behalf of the respondent reveals that on interrogation, the petitioner had disclosed that he was addicted to consumption of Charas and had bought the contraband for such purpose on 22/1/2023 from Anni in District Kullu for Rs.20,000.00. He, however, could not provide the details of the person from whom the contraband was purchased. As per the report of SFSL, the mass of contraband sent for analysis has been found to be the extract of cannabis and sample of Charas. The investigation is stated to be in progress. It is submitted on behalf of the respondent/State that in case of grant of bail to the petitioner, he can win-over the prosecution witnesses and can tamper with the prosecution evidence.