DINESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) H.C. Tek Chand No.3, I/O, Police Station, Balh, District Mandi, H.P., is present in Court. Record perused and returned.

(2.) It is the case of the prosecution that the contraband substance alongwith the mobile phones allegedly belonging to all the three accused, occupants of the vehicle, were found in the bag so kept in the front seat of the vehicle. The accused was arrested on 7.4.2017. FIR No.67/17, dated 7.4.2017, under the provisions of Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act), was registered at Police Station, Rati, District Mandi, H.P.

(3.) It is not in dispute that Purshotam Kumar, owner of the vehicle from which the contraband substance kept in a bag was recovered, already stands enlarged on bail. Petitioner, aged about 24 years, is a permanent resident of Himachal Pradesh. Investigation is almost complete and no recovery is required to be effected from the accused. His custodial interrogation, as is stated by the Investigating Officer, is not required. There is no likelihood of his either absconding or committing the same offence. It is not the case that the petitioner is influential and as such is likely to either hamper the investigation or intimidate the witnesses.