AVIKASH MINHAS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 83 of 2023, dtd. 25/9/2023, registered for the commission of offences punishable under Ss. 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances, Act (in short "the ND&PS Act') at Police Station Panchrukhi, District Kangra, H.P. As per the prosecution case, 1.056 kilograms of contraband was recovered from the petitioner. The prosecution's case is false. The petitioner has been in judicial custody since 25/9/2023. There is a huge difference in the quantity recovered and the quantity received in SFSL, and the whole case has become suspect. The petitioner would abide by the terms and conditions which the Court may impose. Hence, the petition.

(2.) The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 25/9/2023, when they received a secret information at 1.40 AM that vehicles bearing registration No. HP-37F-7813 and HP-37G-3170 were transporting charas. The police reduced the information to writing and sent it to the Supervisory Officer. The police intercepted the vehicles and associated two independent witnesses. The police recovered a carry bag from the dashboard of the vehicle bearing registration No. HP-37F-7813, which contained 1.056 kilograms of charas. The police arrested the occupants of the vehicle and seized the charas. The charas was sent to FSL, and it was confirmed to be an extract of cannabis and a sample of charas containing 26.46 w/w resin. The police filed a charge sheet before the Court. Five witnesses out of nineteen cited by the prosecution have been examined till 3/1/2025. The petitioner would indulge in the commission of a similar offence in case of his release on bail. He would influence the witnesses. Hence, the status report.

(3.) I have heard Mr. Bhupinder Singh Ahuja, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General, for the respondent-State.