PRADUMAN JUSTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition under Section 439 of the Code of Criminal Procedure (for short 'Code') for grant of regular bail in case FIR No. 95 of 2016 dated 15.4.2016, registered at Police Station, Boileauganj (Shimla West), under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act').

(2.) The brief facts of the case are that the police party of Police Station, Boileauganj was on patrolling duty near Glen Moad (curve) and Annadale etc. and at about 3.30 when they reached at place Glen Moad (curve) and Annadale they found one white coloured car bearing No. CH -03Q -6259 was parked in the road in which two persons were there and seeing the police they tried to run away and one person fell down and was over powered and second person ran away. The person who was over powered disclosed his name Praduman Justa and the person who fled away from the spot was Kinchit Justa. The alleged maruti car was checked and one black and white coloured bag on which "Attire Watch ones step" was written was recovered. After checking the bag, some bottles and few medicines were recovered and after counting it was found to be containing 20 bottles of Chlorpheniramine maleate and codeine phosphate cough syrup mark Corex of 100 ml and 299 tablets of Nitrazepam in 15 strips of Nitrosum -10 and on the back seat of the car, one black coloured mobile of Nokia brand was found which was stated to be mobile phone of Kinchit Justa. The accused could not produce any licence/prescription slip of the Corex and Nitrosun 10 and the bag was thereafter sealed in which 15 stamps of 'Z' was marked and then after completing all the codal formalities as required under the law, the accused persons were found to have committed offence under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'Act') and were arrested by the Investigating Officer and recovered contraband sent to the FSL, Junga. On receipt of the report, it was found that the codeine phosphate was found present in Corex Cough Syrup and Nitrazemam was found present in the tablets of Nitrosum -10.

(3.) The learned counsel for the petitioner has raised the following contentions: