KULDEEP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has filed this application under Section 439 of the Code of Criminal Procedure for grant of bail in case FIR No. 7 of 2014 dated 25.1.2014 registered at Police Station, Sunni, District Shimla, H.P. under Sections 22 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act').

(2.) THE prosecution story, in brief, is that on the intervening night of 24th & 25th January, 2014, a vehicle bearing registration No. CH -01X -8819 was intercept at Gharat Nalla falling under Police Station, Sunni and because of the vehicle being found in the unusual hour at this place, the police got suspicious as it was 12.15 A.M. and stopped the vehicle. At that time, there were two occupants, who disclosed their names as Anil Kumar alias Anu and Kuldeep alias Kaku. During the intensive search of the vehicle, it was found that the accused persons were carrying one carton box containing 120 bottles of Rexcof of 100 ml. There was also one another cream colour bag bearing 15 bottles of same mark and quantity and thereafter the accused were found carrying total 135 bottles of Rexcof of 100 ml. and the name of the Company was mentioned as Cipla. The accused did not have a valid permit or license and accordingly a case under Section 22 of the Act was registered against the petitioner along with other co -accused.

(3.) THE learned counsel for the petitioner has contended that the petitioner in fact had taken lift from Anil Kumar, who admittedly is the registered owner of the vehicle. The learned counsel for the petitioner has next contended that in fact he was get married and for this purpose was coming to Shimla for shopping and on account of that he had taken lift in the vehicle belonging to Anil Kumar, since he belongs to the same village and was known to the petitioner. This fact has not been denied by the Investigating Officer. It is further contended that there was heavy snow fall during those days as a result whereof the regular road from Narkanda to Shimla was infact closed and that is why the alternative route via Sunni was resorted to. This fact has not been denied by the investigating agency.