LAWS(HPH)-2023-4-107

SUNIL Vs. STATE OF H.P.

Decided On April 28, 2023
SUNIL Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) Both these petitions are being decided together as these arise out of the same FIR and involve common questions of facts and law.

(2.) A case under Ss. 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act"), has been registered at Police Station Sainj, District Kullu, vide FIR No. 7 of 2023, dated 17. 01.2023 with the allegations that during the intervening night of 16/1/2023 and 17/1/2023, the police party apprehended vehicle No. DL-4CAM-5932 with two occupants namely Monu Jangra on the wheel and Sachin on front passenger seat. One bag was found placed under the driver's seat. On checking the bag, 1 kg., 518 grams of charas was recovered. The case was registered and the aforesaid Monu Jangra and Sachin were arrested.

(3.) Petitioners in the instant petitions have approached this Court for grant of pre-arrest bail in the above noted case on the ground that the police is trying to implicate them for ulterior motives. They have played no role in the commission of alleged crime. The police has been investigating the case for the last more than three months but has not been able to collect any legal evidence against the petitioners. It is further submitted that the petitioners have their respective permanent abodes and have roots in the society. There is no likelihood of their absconding and fleeing from the course of justice. Petitioners have already associated themselves with the investigation and have further undertaken to join the investigation as and when required. Petitioners have also undertaken to abide by all terms and conditions as may be imposed.