KAPIL GARG Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 439 Cr.P.C, prayer has been made for grant of bail in case FIR No. 98 of 2015, dated 27.12.2015 under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act ( for short "Act") registered at Police Station, Kala Amb, District Sirmaur, Himachal Pradesh.

(2.) Sequel to order dated 18.08.2017, ASI Dilbag Singh, Police Station, Kala Amb, District Sirmaur, has come present in Court along with the record. Record perused and returned.

(3.) Perusal of the aforesaid status report/reply reveals that on 26.12.2015, police party while on traffic checking had laid nakka at Trilokpur road. At about, 10:30 PM, one vehicle (Duster car) bearing registration No.HR-54A-9627 came from Trilokpur side, wherein two persons were sitting. On inspection/checking of the aforesaid vehicle, one carton box and gunny bag containing 175 bottles of Corex Cough Syrup, 480 tablets of Nitrazepam containing Nitravet-10 Mg and 4320 capsules of Spasmo Proxyvon plus and a powder like substance approximately 943 grams were recovered from the dicky of the car. Since bail petitioner failed to produce any permit to carry the same, FIR as mentioned above, came to be registered against him under Section 21 and 29 of the Act. It also emerge from the record that since 27.12.2015, bail petitioner is in judicial custody. Petitioner has also made available report of FSL Junga, relevant portion, whereof is reproduced as under:-