SOM DUTT Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) THIS is an application, under Section 439 of the Code of Criminal Procedure, for releasing the petitioner on bail in case FIR No. 521 of 2006, dated 11.10.2006, registered at Police Station, Kullu, under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).

(3.) THE learned Additional Advocate General has submitted the status report of the case. He has opposed the bail application and submitted that petitioner supplied the charas to Chhape Ram and Chhape Ram supplied that charas to Sukh Ram and ultimately 1.900 Kg. charas was recovered from Sukh Ram on 11.10.2006. He has submitted that it has come in investigation that Sukh Ram made a disclosure statement and on the basis of that statement, the place was identified from where he purchased the charas. He has submitted that it has also come in evidence that Sukh Ram purchased this charas from Chhape Ram. It is also the case of the prosecution that Chhape Ram handed over Rs. 18,000/- and a mobile set to Gautam for further handing over Rs. 18,000/- and mobile set to petitioner for contacting Chhape Ram. Said Gautam ultimately handed over Rs.18,000/- to petitioner and petitioner handed over one envelop to Gautam, which he gave to Chhape Ram. The learned Additional Advocate General has heavily relied on the statement of Gautam in support of prosecution case that petitioner is involved in the case. According to him, the recovered charas has originated from petitioner.