ARJUN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 159/2022, dtd. 18/5/2022, registered under Ss. 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS' Act), at Police Station Nurpur, District Kangra, H.P. Petitioner is in custody since 18/5/2022.

(2.) Petitioner is facing trial for offences under Ss. 20, 25 and 29 of ND&PS Act in pursuance to challan filed by respondent. The case of the prosecution is that on 17/5/2022, at about 7:10 PM, ASI Virender Kumar Incharge Police Post Gangath alongwith C. Pankaj Kumar was present near Bus Stand Nurpur, when he received secret information to the effect that the petitioner alongwith Chaman Lal were indulging in illicit trade of 'Charas' and were coming from the direction of Kangra in vehicle No. HP-40B-5670 with a consignment of 'Charas'. Since, the information was found to be creditable, report under Sec. 42(2) of NDPS Act was prepared and forwarded to higher officer. More Police personnel were requisitioned. Two independent witnesses were associated.

(3.) At about 7.55. PM vehicle number HP-40B-5670 came and was stopped near Shiva temple. Petitioner was on the driver seat and Chaman Lal occupies the front passenger seat. On suspicion, the vehicle was searched and on opening the bonnet of the car, 1Kg. 500 Grams Charas/Cannabis was recovered. The case was registered and petitioner alongwith his co-accused were arrested. On completion of investigation, report under Sec. 173 of Cr.P.C. was submitted on 28/7/2022 in the Court of learned Special Judge-Kangra at Dharmshala.