ROHIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both the bail petitions arise out of an FIR No. 60/2023 dtd. 12/5/2023, they have been 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. 60/2023, dtd. 12/5/2023, registered at Police Station Gagret, District Una, H.P., under Ss. 21, 29 and 8(C) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act").

(3.) The prosecution story, in brief, is that on 12/5/2023 a secret information was received that a vehicle, bearing registration No. HP22B-9799 was coming from Hoshiarpur through Ambota by-pass, in which, two persons were travelling, who were carrying chitta/heroin with them and if their vehicle was stopped and searched, huge quantity of chitta/heroin could be recovered. Accordingly, the police party laid nakka at Shiv Bowdi Chowk and associated Rakesh Kumar and Ramjan as independent witnesses in the proceedings. At about 8:15 P.M., the police party saw vehicle No. HP22B-9799 coming from Hoshiarpur through Ambota by-pass, which was signaled to stop. On asking, the person sitting on driver seat of the vehicle disclosed his name as Rohit Kumar, whereas, the person sitting on co-driver seat of the vehicle disclosed his name as Manish Kumar. During search of the aforesaid vehicle, when its dashboard was opened, the police found a cigarette packet and on opening the same, a light brown coloured substance was recovered, which was chitta/heroin. On weighment, it was found to be 11.51 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the accused persons and they were arrested.