ROOP LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 69 of 2024, dtd. 28/5/2024, registered for the commission of an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (in short the NDPS Act) at Police Station Baijnath, District Kangra, H.P.

(2.) It has been asserted that, as per the prosecution, the police party had laid a naka at Paprola Bazar on 28/5/2024 and intercepted a vehicle bearing registration No. HP-82-7969. The petitioner was driving the car. The police searched the car in the presence of independent witnesses and found 1.08 kg of charas. The prosecutions case is false. The petitioner has not committed any offence. The prosecution has cited 24 witnesses, out of whom 06 witnesses have been examined. There is a delay in the progress of the trial, and it would take a long time for the trial to conclude. The petitioner has been in custody for more than 01 year and 02 months. He would abide by the terms and conditions which the Court may impose. Hence, the petition.

(3.) The petition is opposed by filing a status report asserting that the police party had set up a naka on 28/5/2024 at Paprola Bazar. A vehicle bearing registration No. HP-82-7969 came towards the spot which was signalled to stop. The driver identified himself as Roop Lal (the present petitioner). The police searched the vehicle and recovered black sticks of charas. These were weighed and their total weight was found to be 1.08 kg. The charas was sent to the State Forensic Science Laboratory (SFSL), Junga, for analysis, and as per the result of the analysis, it was confirmed to be a sample of charas. No FIR was registered against the petitioner before the present FIR. The prosecution has cited 24 witnesses, out of whom 06 witnesses have been examined, and the matter is now listed for recording the statements of 03 prosecution witnesses on 1/9/2025. Hence, the status report.