AMAR NATH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 172 of 2024, dtd. 20/10/2024, registered at Police Station, Ghumarwin, District Bilaspur, H.P. for the commission of offences punishable under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the ND&PS Act').

(2.) It has been asserted that the petitioner was arrested along with two other persons. The petitioner is a taxi driver, and he was hired by the co-accused to take them to Chandigarh. The Investigating Officer did not provide the grounds for arrest to the petitioner. The petitioner has no past criminal history, and he has been in custody since 20/10/2024. The petitioner would abide by all the terms and conditi ns which the Court may impose. Hence, the petition.

(3.) The petition is opposed by filing a status report asserting that the p lice party was on Nakabandi duty on 20/10/2024. A taxi bearing registration No. HP-01K-4679 came from Mandi at 8.10 PM. The police signalled the driver to stop the ve icle. The driver stopped the vehicle. The police started checking the documents. The person sitting beside the driver tried to conceal a bag. The police asked him the reason for doing so, but he could not give a satisfactory answer. The driver identified himself as Amarnath, the person sitting beside the driver identified himself as Vidya Nath, and the person sitting on the rear seat identified himself as Duni Chand. The police checked the bag kept by Vidya Nath and found 1.511 kgs. of charas in it. The police seized the charas and arrested the occupants. The charas was sent to FSL and was confirmed to be the extract of cannabis and a sample of charas. The police checked the call detail record and the bank statements, but could not find the involvement of any other person. All the people were known to each other. Vidya Nath and Amar Nath are remotely related to each other. The police iled the charge sheet before the learned Special Judge on 22/1/2025. The matter was listed before the learned Addi ional Sessions Judge, Bilaspur on 16/6/2025. Hence, the status epo t.