MAHENDER PUN Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 20 of 2024, dtd. 8/11/2024, registered at Police Station Manikaran at Kasol, District Kullu, H.P., for the commission of offences punishable under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) It has been asserted that, as per the prosecution, the petitioner and the co-accused Daleep Budhha were found moving together on 8/11/2024. The police intercepted them and recovered 1.599 kgs of charas from the backpack being carried by co-accused Daleep Budhha. The petitioner is not concerned with the charas recovered by the police. The petitioner has been in custody since 8/11/2024. The allegations in the FIR do not satisfy the ingredients of the commission of offences punishable under Sec. 20 read with Sec. 29 of the NDPS Act. No fruitful purpose would be served by detaining the petitioner in custody. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report asserting that the police had set up a naka at Hurlu Dhaar on 8/11/2024 at about 5:10 am. Two people came towards the police, who returned after seeing the police. The police became suspicious and apprehended them. One person, identified as Daleep Budhha, was carrying a backpack. The petitioner was accompanying him. The police checked the backpack and recovered 1599 grams of charas. The police seized the charas and arrested the petitioner and the co-accused. The charas was sent to the SFSL, Junga and as per the report of analysis, it was confirmed to be an extract of cannabis and a sample of charas. The charge sheet was filed before the Court on 27/1/2025. The matter is listed for recording the statements of prosecution witnesses on 22/4/2026. Statements of two witnesses have been recorded. Hence, the status report.