KULDEEP CHAND MANDA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has sought regular bail in FIR No. 99/2016, dated 3.7.2016, registered at Police Station, Dehra, Tehsil Jaswan, District Kangra, under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short the 'ND&PS Act').

(2.) Respondent has produced the records of the investigation and has also filed the status report.

(3.) Brief facts of the case are that on 3.7.2016 ASI Gurdev Singh alongwith other police officials was on patrolling duty within the jurisdiction of his police station. Around 8:30 P.M., at place Chintpurani near Jalandhar Dharamshala Inn two persons, namely, Dinesh Kumar and Rakesh Kumar met them and in the meanwhile they noticed a person (accused) who was not having his left arm. Accused on seeing the police party unsuccessfully attempted to escape by running backwards. He was apprehended by the police, on quizzing he disclosed his name and identity. On suspicious police searched the accused, in presence of aforesaid witnesses, on which on polythene bag was recovered from his shirt's pocket, in which there was black stick shape substance. I.O. on smelling and on the basis of experience found this black substance to be charas. On weighment, by electronic scale, charas was found to be 100 grams. After weightment, charas was sealed in the same manner in a cloth parcel with three seals of impressions 'O'. Sample impression of seal was also taken and NCB forms in triplicate were filled up on the spot. Impressions of seal 'O' were also affixed on NCB forms in triplicate. The information of the case was sent to police station Dehra, on the basis of which FIR No. 99/2016 for the offence punishable under Section 20 of the NDPS Act was registered.