SUNIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner is an accused in FIR No.232/16 registered against him in Police Station, Sadar, Shimla under Section 21 of the Narcotic Drugs and Psychotropic Substances Act. He has been arrested in this case on 5th September, 2016 and presently is in judicial custody. It is stated that the previous application for bail filed in this Court was not pressed at that stage and rather dismissed as withdrawn.

(2.) The allegations against the accused-petitioner, in a nut-shell, are that he was apprehended by a police party below Shivalik Hotel while going from U.S. Club side to Ridge in Shimla town. On seeing the police party, he got nervous and tried to turn behind, however, over powered by the police and on inquiry, he disclosed his name and other antecedents. He was holding a carry bag in his hand. On search thereof, two polythene packets were found kept therein. Out of one packet, 25 bottles of 'Corex', a cough syrup 100 ml. each, whereas, from the other 12 bottles 100ml each were recovered. The police demanded permit/licence or bill voucher from him, which he failed to produce. Therefore, after observing all codal formalities of the NDPS Act, he was arrested. In each bottle, prohibited substance i.e. codeine phosphate, a narcotic drug has been found to the extent of 2.006mg ml. in one 100ml. bottle of corex.

(3.) As per status report, challan against the accused-petitioner stands filed in the Court and the case is at the stage of consideration of charge by learned Special Judge (Additional Sessions Judge, Court No.1), Shimla.