HARINDER Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No.06/2025, dtd. 25/1/2025, registered at Police Station Dalhousie, District Chamaba, H.P., for the commission of offences punishable under Sec. 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS), Act.

(2.) It has been asserted that, as per the prosecution, the police found a vehicle bearing registration No. HP-44-5331 parked on the road. The police called the owner, Shobhi Ram, who disclosed that he had sold the vehicle to Harinder Kumar (the present petitioner) two months before the incident. The police located Harinder Kumar based on his tower location, and he was found at Lahad Kunah in a vehicle bearing registration No. HP-01C-1969 with Dharu Ram and Liakat Ali. The petitioner disclosed on enquiry that he had pu chased the vehicle from the previous owner, but stated that he had handed it over to Rakesh Kumar. The police took the petitioner and other persons to the spot, searched the vehicle bearing registration No. HP-44-5331 and recovered 2.570 kgs of charas. The allegations against the petitioner are false. No recovery was effected from the petitioner. The petitioner 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 was on patrolling duty on 24/1/2025. They intercepted a vehicle bearing registration No. HP-44-5331. The driver stopped the vehicle after seeing the police and ran towards the jungle. The police followed him but could not apprehend him. Shobhi Ram was found to be the registered owner, who was contacted telephonically. He disclosed that he had sold the vehicle to Harinder Kumar. The location of Harinder Kumar was found between Lahad and Kunah. The police searched for him and found a vehicle bearing registration No P-01C-1969 parked on the roadside. The driver identi ied himself as Dharu Ram. The person sitting beside the driver identified himself as Liyakat Ali, and the person si ing in the rear seat identified himself as Harinder Kumar. The police brought them to the spot where the vehicle bearing registration No. HP-44-5331 was parked. The vehicle was searched in the presence of Abdul Mazeed and Basheer Mohammad. The police were searching the vehicle when D aru Ram and Liyakat Ali ran away from the spot. The police ran after them but could not catch them. The search was continued, and the police recovered 2.570 kgs of charas. The police seized the charas. The police conducted the investigation and obtained the call detail record. The record of CCTV Footage was also checked. The vehicles bearing registration No. HP-01C-1969 and HP-44-5331 were found moving together in the CCTV footage. Rakesh Kumar had talked to Harinder Kumar and Liyakat Ali many times between 7.43 AM and 12.48 AM. Police arrested Rakesh Kumar, present petitioner and Dharo Ram. Liyakat Ali has absconded, and efforts are being made to trace him. The charge sheet was filed after the completion of the investigation. The matter was listed for checking of copies on 3 9 2025. The petitioner is involved in the commission of a heinous offence. FIR No. 33 of 2020, dtd. 17/3/2020, has been registered against the petitioner. The petitioner would intimidate the witnesses and indulge in the commission of a similar offence, in case of his release on bail. Hence, the status eport.