SURENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both these bail applications arise out of the same FIR, they were heard together and are being disposed of by this common order.

(2.) By way of instant petitions, filed under Sec. 439 of the Criminal Procedure Code, the petitioners are seeking bail in case FIR No. 89/2022, dtd. 23/6/2022, registered at Police Station Chowari, District Chamba, H.P., under Ss. 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act').

(3.) The prosecution story, in brief, is that on 23/6/2022, while the police party was present at about 11:30 A.M. at Tunuhatti Barrier on routine petrolling duty, they saw a vehicle bearing registration No. HP-81-1819 (Alto K-10), coming from Naini Khud side, which was signaled to stop. In the aforesaid vehicle two persons were sitting, who on seeing the police party got perplexed. On suspicion, the police party associated Rakesh Kumar and Constable Manjeet Singh as witnesses in the proceedings. In presence of the aforesaid witnesses, the person driving the vehicle disclosed his name as Surender Kumar and the person sitting with him disclosed his name as Pan Chand (petitioners herein). During search of the vehicle, near handbrake, a blue coloured carry bag was found, which was containing black and grey coloured solid substance in the round and stick shapes. On the basis of experience, the recovered contraband was found to be charas/cannabis. On weighment, the same was found to be 1 kg and 808 gms. Thereafter, the police completed all the codal formalities and consequently, FIR as detailed hereinabove was registered against the petitioners and they were arrested.