KIRAN KUMARI Vs. STATE OF H P

JUDGEMENT

(1.) This judgment shall dispose of both the petitions arising out of FIR No. 70/16, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as 'the Act' in short, in Police Station, Palampur, District Kangra, H.P.

(2.) The allegations against the accusedpetitioners in a nut-shell are that on 5.5.2016, around 5.25 p.m., SHO of Police Station, Palampur, while patrolling at SSB Chowk area has received a secret information that Charas is being transported in Alto Car Bearing No.HP-01M-2294 enroute Baijnath to Palampur. The information so received was reduced into writing and forwarded to Sub-Divisional Police Officer, Palampur. The Station House Officer himself proceeded towards Baijnath road along with other Police officials. Around 5.50 p.m. the car was seen coming from Baijnath side. The car was stopped and the antecedents of accused-petitioners inquired into in the presence of the independent witness. The search of the car was conducted thereafter. A white coloured carry bag was recovered from its Dickey. On search of the said bag, black coloured substance in the shape of sticks was recovered. The I.O. on the basis of his experience found the same to be Charas. When weighed with electronic scale, it was found one kilogram. After resorting to the sampling and sealing process, the Charas recovered from the bag the accused-petitioners were carrying in the car was taken into possession. Both accused were arrested on the completion of the investigation on the spot on 5.5.2016 itself. They presently are in judicial custody.

(3.) The applications they filed for grant of bail on the ground that the investigating agency has failed to file the report under Section 173 of the Code of Criminal Procedure within the statutory period of 60 days, they are entitled to be admitted on bail. On merits also, it was claimed that they are innocent and have not committed any offence and as such otherwise also entitled to be admitted on bail.