DALIP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Sec. 439 of the Criminal Procedure Code, the petitioner is seeking bail in case F.I.R. No. 140/2023, dtd. 7/7/2023, registered at Police Station Sadar-Solan, District Solan, H.P., under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act").

(2.) The prosecution story, in brief, is that on 7/7/2023, at about 6:30 A.M., while the policy party was on routing patrolling duty near Dohri Diwar Bypass, Subathu Link Road, they received a secret information that a person namely Dalip Singh was transporting charas/cannabis in his car bearing registration No. HR-26CG-9271 and if his car was searched, huge quantity of charas/cannabis could be recovered. On the basis of aforesaid information, the police party laid a nakka 100 meters ahead of Subathu road below Sonu Chicken Dhaba. At about 7:30 A.M., the police party saw a car bearing registration No. HR-26CG-9271 coming from Subathu side, which was signaled to stop. On asking, the person driving the aforesaid car disclosed his name as Dalip Singh (petitioner herein). The police party searched for independent witnesses, but since it was early morning, no witness was found, as such, the car was searched in presence of the police party. During search of the car, from the steering rod of the car, one saffron colour cloth, containing transparent polythene packet, having black coloured substance in the shape of chappatis was recovered. On the basis of experience, the recovered contraband was found to be charas /cannabis. On weighment, the recovered charas/cannabis was found to be 202 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the petitioner and he was arrested.

(3.) The bail petition has been filed on the ground that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner has contended that investigation in this case is complete and nothing remains to be recovered at the instance of the petitioner, as such, he deserves to be released on bail.