PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both these petitions arise out of FIR No. 167/2022, dtd. 30/10/2022, they have been heard together and are being disposed of by this common order.

(2.) By way of instant petitions, filed under Sec. 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), the petitioners are seeking bail in case FIR No. 167/2022, dtd. 30/10/2022, registered at Police Station Bhawarna, District Kangra, H.P., under Ss. 20 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 29. 10.2022, at about 9:15 P.M., while police party was on routine patrolling duty at Drang, they received a secret information that one white colour Kiger car, without number plate, was parked in the pine forest on a link road adjacent to National Highway Praour, in which, one woman namely Bimla Devi and one man namely Pawan Kumar were sitting, who were in the process of selling charas/cannabis and if search of the said vehicle was conducted, huge quantity of charas/cannabis could be recovered. Accordingly, police party went in search of the aforesaid persons and at about 9:40 P.M., when they reached the spot, they saw two persons, one man and one woman, sitting in the vehicle. On asking, the man sitting on the driver seat disclosed his name as Pawan Kumar and woman sitting on the co-driver seat disclosed her name as Bimla Devi (petitioners herein). Both the accused persons were asked as to what they were doing in the jungle, however, they could not give any satisfactory answer. On suspicion, the police associated Vikram and Bhupinder Singh as independent witnesses in the proceedings, in whose presence, the vehicle in question was checked and underneath the co-driver seat, one yellow coloured carry bag was recovered. On opening of the said bag, four packets wrapped with brown tape were found. In the said packets, dark brown coloured hard substance in the shape of sticks was recovered, which was found to be charas/cannabis. On weighment, the recovered contraband was found to be 2 Kg and 09 grams. During further checking of the vehicle, underneath the footmat of the driver seat, one yellow coloured bag was found. On opening of the said bag, currency notes of Rs.80,000.00, i.e. 158 notes of the denomination of Rs.500.00 and five notes of denomination of Rs.200.00 were recovered. Thereafter, the police completed all the codal formalities and consequently, FIR as detailed hereinabove was registered against the accused persons and they were arrested.