UTTAM RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 69 of 2025, dtd. 23/5/2025, registered in Police Station Balh (sic), District Mandi, H.P, for the commission of offences punishable under Ss. 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985.

(2.) It has been asserted that, as per the prosecution, the police recovered 1.502 Kilograms of charas from the car bearing registration No. HP-76-6108 on 23/5/2025. The police arrested Himmat Ram on the spot. The petitioner was arrested on 27/6/2025 after a delay of one month. The charge sheet does not mention that the petitioner had abetted the possession or sale of the charas. Petitioner's bail petition was dismissed by the learned Special Judge- III, Mandi, HP. No recovery was effected from the petitioner. He was wrongly implicated. Petitioner is the sole earner of the family. The investigation in the case is complete, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions that the Court may impose. 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 were patrolling on 23/5/2025. They received a secret information at about 4:45 PM that Uttam Ram and Himmat Ram were selling charas in the vehicle bearing registration No. HP-76-6108. A huge quantity of charas could be recovered by searching the vehicle. The information was credible, and the delay in obtaining the warrant would have led to the destruction of the case property. Hence, the information was reduced to writing under Sec. 42(2) of the NDPS Act, and it was sent to the Additional Superintendent of Police. Police went to the spot where they found a vehicle bearing registration No. HP-76-6108 parked on the spot. The people present in the vehicle ran away after seeing the police. The police apprehended one person and called the Pradhan and Up-Pradhan of the Gram Panchayat, who visited the spot. The individual who was apprehended disclosed his name as Himmat Ram. He identified the absconding person as Uttam Ram (the present petitioner). Police searched the vehicle in the presence of the witnesses and accused Himmat Ram. Police recovered a carry bag containing 1.502 Kilograms of charas. They also seized charas and the vehicle and arrested Himmat Ram. Police investigated the matter and arrested the petitioner on 27/6/2025. The charas was sent to SFSL,Junga and as per the result of analysis, it was confirmed to be an extract of Cannabis and a sample of charas. The petitioner's father, the owner of the vehicle, Barkhu Ram revealed that the petitioner had taken the vehicle on 23/5/2025. Police filed the charge sheet before the Court on 30/8/2025. The statements of five witnesses have been recorded. The matter is listed for recording the statements of the prosecution witnesses on 27/4/2026. Hence, the status report.