LAWS(HPH)-2017-9-115

NASIR Vs. STATE OF HIMACHAL PRADESH

Decided On September 13, 2017
NASIR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 37/2017, dated 22.01.2017, registered at Police Station Paonta Sahib, District Sirmaur, under Sections 21, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) As per the case of the State, the petitioner was apprehended on 22.01.2017 at around 2:55 p.m. by a police party headed by ASI Rajinder Singh, on their way to Majra, from whom 16 bottles of Corex, each containing 100 ml. were recovered. Seized bottles of Corex when sent to SFSL Junga, were found to be containing Codeine Phosphate, a narcotic drug. In each bottle, 1.938 mg. per ml. Codeine Phosphate was found. The petitioner was accordingly arrested and he is in custody since then.

(3.) Status report filed by the State demonstrates that charge sheet already stands filed against the accused and now the case is listed before the learned trial Court for recording the statements of prosecution witnesses on 13th to 16th November, 2017.