NASIR HUSAIN Vs. STATE OF H. P.

JUDGEMENT

(1.) The C petitioner has filed the present petition for seeking regu lar bail. It has been asserted that the police arrested the pe h titioner in F.I.R. No. 42 of 2023, dtd. 2/9/2023 ireg gistered at Police Station Nerwa, District Shimla, for the commission of offences punishable under Sec. 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act'). The facts stated in the F.I.R. are fabricated, concocted and without any basis. The Magistrate did not draw any sample and the entire bulk was sent for chemical analysis.

(2.) The police filed a status report asserting that the police party intercepted a vehicle bearing No. HR-5S-1381 on 1/9/2023 at about 11:15 p.m. It was searched based on suspicion. The police recovered 11 bottles of Rukscof Syrup containing Chlorpheniramine maleate and Codeine Phosphate syrup. The police seized the bottles and arrested the petitioner, who was driving the vehicle. He revealed on enquiry that he had purchased 11 bottles from Suri Chauhan. The account of the accused was checked and it was found that money Pwas transferred on eleven occasions to Surveer Sin H gh @ Suri Chauhan. The registered owner of the vehicl f e revealed that he had sold the vehicle to the petitio ne o r. The police arrested Surveer Singh @ Suri Chauhan. r Th t e total weight of contraband is 1.330 kg, which is a commercial quantity. Hence, it was prayed that the present petition be u dismissed.

(3.) I have hea o rd Mr. Ashwani Sharma, learned counsel for the peti tio C ner and Mr. Baldev Negi, learned Additional Advoca h te General for the respondent-State.