LAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Lal Singh, who is in judicial custody since 22.5.2017, has approached this Court for grant of regular bail in case FIR No. 103/17 dated 22.5.2017, under Section 21-61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (In short the "NDPS Act") and section 18 of Drugs and Cosmetics Act, registered at P.S. Nalagarh, District Solan, H.P.

(2.) Sequel to order dated 11.12.2017, ASI Yograj, P.S. Nalagarh, District Solan, H.P., has come present alongwith records. Record perused and returned. Mr. M.L. Chauhan, learned Additional Advocate General, has also placed on record status report, which has been prepared on the basis of record of investigating agency, perusal whereof suggests that police patrolling party intercepted a Tavera Vehicle bearing No. PB-23F- 0090 at Kalyanpur coming from Nalagarh side. Bail petitioner, who at that relevant time was driving the vehicle, on the askance of the police party, produced his driving licence as well as documents pertaining to the vehicle. Police on checking the vehicle, recovered 8 cartons, out of which, five cartons were containing 100 bottles each of syrup namely Elturex-T cough Syrup 100 ml, whereas other three cartons contained 100 strips each of capsules namely Tramadex and gelatin containing tramadol hydrochloride IP 50 mg Batch No. GTXC-002, manufactured in India by laborate Pharmaceuticals India Unit-2#31 Rajban Road, Nariwala Paonta Sahib, H.P. Since occupants of the vehicle including present bail petitioner, who at that relevant time was driving the vehicle, were unable to produce valid papers with regard to the transportation/possession of aforesaid psychotropic substance, police confiscated the contraband and after completion of codal formalities, lodged formal FIR against the accused and since then, both the accused including bail petitioner are in custody.

(3.) Mr. Vinod Thakur, Advocate, representing the petitioner while referring to the record/status report vehemently argued that there is nothing on record suggestive of the fact that bail petitioner had any connection with the drugs/psychotropic substance, allegedly recovered from the vehicle being driven by him. Mr. Thakur, further contended that vehicle belonged to person namely Ranbir Singh, who had actually hired him as a driver in the vehicle in question and for the last 25 years, he had been driving the vehicle as a Taxi. Mr. Thakur further contended that as per record, contraband/drugs allegedly recovered from the vehicle being driven by the bail petitioner, was purchased from NMD Pharmaceuticals, Chandigarh, whose worker namely Ashok Kumar, verified retail invoice dated 19.5.2017 and categorically stated before police that 500 bottles of syrup namely Elturex-T cough Syrup Batch No. SD/17005, and 30,000 capsules tramadex batch No. GTXC-002 were purchased by the co-accused namely Surender Singh on the strength of licence No. 20B-11-126, 21B-110127 and as such, it stands duly proved on record that the bail petitioner had no connection, if any, with the drugs allegedly recovered from the vehicle being driven by him. Mr. Thakur, further contended that bail petitioner is fifty years' old man and there is nothing on record suggestive of the fact that he was ever found involved in such cases in the past and as such, he being an innocent person deserves to be enlarged on bail.