SONU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner [Sonu], has come up before this Court, seeking regular bail, under Sec. 439 of the Code of Criminal Procedure hereinafter (referred to as CrPC). originating from the FIR No. 152 of 2023 dtd. 20/11/2023, registered at Police Station Gagret, District Una [H.P.], under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).

(2.) Case set up by Mr. N.K. Thakur, Learned Senior Advocate, assisted by Mr. Karanveer Singh, Advocate, is that on 20/11/2023, while the police party was on patrolling in Banne Di Hatti area on the main road to Gagret near Industrial Area, Ambota, they received a secret information at 3:50 pm that a person sitting on the driver seat in vehicle was carrying huge quantity of contraband, beneath the driver's seat. On reaching, the spot at about 5:15 pm, the police, on disclosure of their identity, found the bail petitioner [Sonu] to be sitting on the driver's seat. Thereafter, vehicle was searched and a polythene bag was found, containing two other plastic bags, one containing red coloured plastic polythene containing yellowish wet material and in the other transparent plastic envelop containing pink coloured powder in the second bag. On weighing the yellowish material was found to be Chitta, weighing 83.28 gms and the other pink powder was found to be Smack/Heroin weighing 94.72 gms, thus, total contraband which was recovered was 173.48 gms, from the bail petitioner.

(3.) Upon listing of the case, before this Court, on 29/2/2024, this Court directed the State Authorities to file the Status Report. The State Authorities filed the Status Report dtd. 11/3/2024 on the Instructions of SHO, Police Station Gagret, District Una. Thereafter, the fresh Status Report dtd. 8/4/2024 was filed, on instructions of Incharge, Police Station Gagret, District Una and the copy of fresh Status Report was furnished to the learned counsel for the petitioner and thereafter, with the consent of parties, the matter was finally heard and the judgment was reserved by this Court.