KAMLESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 50 of 2024, dtd. 3/6/2024, registered for the commission of offences punishable under Ss. 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (ND&PS Act) at Police Station Panchrukhi, District Kangra, H.P.

(2.) It has been asserted that, as per the prosecution, the police party intercepted a vehicle bearing registration No. HP01D-7921. The driver revealed his name as Om Parkash, the person sitting on the front seat revealed his name as Dharam Singh, and the person sitting on the rear seat revealed his name as Kamlesh Kumar. The police searched the vehicle in the presence of two independent witnesses and recovered 2.18 kilograms of charas. The petitioner is innocent, and he has not committed any crime. The petitioner was arrested more than one year and two months ago; h wever, the prosecution's evidence has not commenced. The petitioner is a permanent resident of the district Mandi, and he has roots in the society. He would abide by all the terms and conditions which the Court may impose. Hence, the present petition.

(3.) The petition is opposed by filing a status report asserting that the police intercepted a vehicle bearing re istration No. HP76-2344 on 3/6/2024 at Chathmi bridge. The police asked the driver to show the documents, but he prevaricated. Two people were sitting beside the driver in the vehicle, and all of them got frightened after seeing the police. The police called Dhruv Chand Rana, Up Pardhan of Gram Panchayat Bandu and told him to visit the spot with an independent person. Dhruv Chand Rana reached the spot with Ramesh Chand. The driver identified himself as Om Parkash. The person sitting on the front seat identified himself as Dharam Singh, and the person sitting on the rear seat identified himself as Kamlesh Kumar (present petitioner). The police searched the petitioner after completing the formalities and recovered a backpack containing 2.18 kilograms of charas. The police seized the charas and the vehicle. The police arrested the occupants of the vehicle. The Charas was sent to SFSL, Junga, and as per result of analysis, it was confirmed to be an extract of cannabis and a sample of charas. The matter was listed before the learned Additi nal Sessions Judge-I, Dharamshala, on 18/9/2025 for recording the statements of prosecution witnesses. Hence, the status report.