DIWAN CHAND Vs. STATE OF H P

JUDGEMENT

(1.) By way of present petition filed under Section 439 of the Code of Criminal Procedure, petitioner has prayed for grant of regular bail in case FIR No.76 of 2016 dated 5.10.2016, registered at Police Station, Arki, District Solan, H.P., under Sections 21-61-85 of the Narcotic Drugs & Psychotropic Substances Act ( For short ' Act') .

(2.) Sequel to orders dated 20.6.2017 and 3.7.2017, S.I. Hari Bhagat, Police Station, Arki, District Solan, has come present in Court alongwith the record. Record perused and returned.

(3.) Perusal of the aforesaid status report/reply reveals that on 5.10.2016 search was conducted at the house of the bail petitioner, wherein 40 bottles of 100 ml each of Corex cough syrup were recovered. Since bail petitioner failed to produce any permit to keep aforesaid bottles, FIR as mentioned above, came to be registered against him under Section 21-61-85 of the Act. It also emerge from the record that since 12.1.2017, bail petitioner is in judicial custody. Respondent-State has also made available report of FSL Junga, relevant portion, whereof is reproduced as under:-