MOHAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Mohar Singh, who is behind the bars since 14/4/2023, has approached this Court in the instant proceedings filed under Sec. 439 Cr.PC, for grant of regular bail in case FIR No. 51, dtd. 14/4/2023 under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the Act') registered at Police Station Rampur, District Shimla, Himachal Pradesh.

(2.) In terms of order dtd. 20/10/2023, Respondent-State has filed status report and HC Jaswant Gupta, P.S. Rampur, District Shimla, Himachal Pradesh has also come present with record. Record perused and returned.

(3.) As per story of the prosecution, on 14/4/2023, police party, while on patrolling duty, found one vehicle bearing registration No. HP-06C-2324 standing on NH-05, near Nogli, Tehsil Rampur, District Shimla. Since, after having seen police, persons sitting in the car got perplexed and threw something from the window, police deemed it necessary to conduct search of the vehicle as well as occupants. Since despite best efforts put in, no independent witness could be associated, police officials were compelled to effect search of the vehicle and they allegedly recovered 6.52 grams of chitta/heroin from the bag thrown from the window of the car. Since, no plausible explanation ever came to be rendered on record qua recovery of the contraband, FIR detailed hereinabove, came to be lodged against the present bail petitioner Mohar Singh and his son Chetan Chauhan and since then, both the occupants of the car are behind the bar. Since, investigation in this case is complete and nothing remains to be recovered from the bail petitioner, he has approached this Court in the instant proceedings for grant of regular bail.