LAWS(HPH)-2017-7-20

SURJEET KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On July 17, 2017
SURJEET KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

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.351 of 2016, dated 29.12.2016, registered at Police Station, Una, District Una, H.P., under Sections 22,29-61-85 of the Narcotic Drugs & Psychotropic Substances Act ( For short ' Act').

(2.) Sequel to orders dated 23.6.2017 and 10.7.2017, HC Onkar Singh No.26, Police Station, Sadar, Whether reporters of the local papers may be allowed to see the judgment? District Una, has come present in Court alongwith the record. Record perused and returned. Mr. M.L.Chauhan, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the Investigating Agency.

(3.) Perusal of the record as well as status report reveals that police intercepted vehicle bearing No.HP-72-2935 at Una on 29.12.2016. On checking, police recovered gunny bag containing two boxes having 12000 tablets namely "lomotil". Police also recovered 20 boxes having 2880 capsules namely "Spasmo Proxyvon plus". Since, bail petitioner failed to produce any permit to keep aforesaid tablets, FIR as stated above, came to be registered under Section 22,29-61-85 of the Act. It also emerge from the record that petitioner is in judicial custody since 29th December, 2016. Respondent-State has also made available report of FSL Junga, relevant portion, whereof is reproduced as under:-