MOHAMMED SALMAN Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, the petitioner has prayed for grant of bail in case 112 of 2021 dtd. 16/7/2021, registered at Police Station, Paonta Sahib, District Sirmour, H.P. under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, (for short 'the Act') and Ss. 192, 196 and 181 of the Motor Vehicles Act.

(2.) The case of prosecution against petitioner is that o n 16/7/2021, a police patrol was stationed near Walia Patrol Pump, Batapul, within the jurisdiction of Police Station, Paonta Sahib, District Sirmour, H.P. It received secret information that the petitioner and another person were travelling on a motorcycle having no registration number from Hathani Kund towards Behral and were carrying huge quantity of intoxicating capsules. Report under Sec. 42 (2) of NDPS Act was prepared and sent to Divisional Police Officer. A 'Nakka' was laid near place known as Lal Dhank. In the meanwhile, motorcycle bearing No. HP17B-1806 came from the side of Yamunanagar and was occupied by two persons namely Sajid Ali and Sitar Ali. On request both of them agreed to associate with the police as witnesses.

(3.) At about 6.50 A.M., a motorcycle came from the side of Hathnikund. On noticing the presence of police, the rider of motorcycle tried to abscond but was apprehended by the police. The motorcycle apprehended by the police was occupied by two persons and a bag was found lying in between the two. The rider disclosed his name as Sharafat Ali and the person on the pillion was the petitioner. On checking the bag carried by petitioner and his co-accused on the motorcycle, commercial quantity of Narcotic Drugs and Psychotropic Substance was recovered. Petitioner and his co-accused were arrested. On investigation sufficient material was found against the petitioner and report under Sec. 173 Cr.P.C. was filed.