KRISHAN GOPAL SAINI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both these petitions arise out of a common FIR, they are heard together and are being disposed of by this common order.

(2.) By way of instant petitions, filed under Sec. 439 of the Criminal Procedure Code, the petitioners are seeking bail in case F.I.R. No. 05/2023, dtd. 3/1/2023, registered at Police Station Sadar Una, District Una, H.P., under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act').

(3.) The prosecution story, in brief, is that on 2. 01.2023, while the police party was on routine patrolling duty at place Pir Nigaah Road and around 11:15 p.m., reached near railway crossing, they saw two persons coming from Una side and asked them as to where they were going in night, upon which, they got perplexed and started running from the spot. While running, one of them threw a polythene packet from his left pocket of jacket on the road, however, at some distance the police party managed to stop them. On suspicion, the police party associated one Gurdayal Singh and HC Sunil Kumar as witnesses in the proceedings. The persons disclosed their names as Krishan Gopal Saini and Jaswinder Singh (petitioners herein). In presence of the aforesaid witnesses, the thrown polythene packet was checked and on opening of the said polythene packet, brown coloured solid substance was found, which was chitta/heroin. On weighment, the recovered contraband was found to be 6.70 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the accused persons and they were arrested.