HEM RAJ Vs. STATE OF H P

JUDGEMENT

(1.) Present bail application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail relating to FIR No. 216 of 2016 dated 10.11.2016 registered under Sections 20 and 61 of NDPS Act 1985 at P.S. Dhalli District Shimla (H.P.) Brief facts of case

(2.) On 9.11.2016 ASI along with HC Satvinder Singh, HHC Ramesh Chand and HHC Satish Kumar were on patrolling duty at place Bhatta Kuffer. It is alleged that at about 6.10 in the evening accused came from opposite side along with bag in his hand. It is alleged that when accused saw police officials accused turned back and tried to run away. It is alleged that on suspicion accused was caught and bag in possession of accused was checked. It is alleged that 590 grams of charas found from exclusive and conscious possession of accused. It is alleged that contraband was sealed in parcel and NCB form in triplicate prepared. It is also alleged that site plan also prepared and photographs also obtained. It is alleged that statements of prosecution witnesses under Section 161 Cr.P.C. recorded. It is alleged that chemical examination of contraband conducted and chemical examiner has declared the contraband as charas. It is alleged that accused is in judicial custody as of today.

(3.) Court heard learned Advocate appearing on behalf of the petitioner and learned Deputy Advocate General appearing on behalf of the non-petitioner and also perused the record.