GOPAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Gopal Singh, who is behind bars for the last six months, has approached this Court by way of instant bail petition filed under Sec. 439 of Cr.PC, praying therein for grant of regular bail in FIR No. 33/18 dated 19.3.2018, under Sec. 20 of Narcotic Drugs and Psychotropic Substances, Act (in short "the Act"), registered at police station Barotiwala, District Solan, H.P.

(2.) Sequel to order dated 12.9.2018, ASI Gopal Singh, I.O., P.S. Barotiwala, District Solan, H.P., has come present alongwith records. Record perused and returned. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency.

(3.) Perusal of report/record reveals that on 18.3.2018, bail petitioner along with other co-accused namely Sohan Singh came to be apprehended by patrolling party at a place near Sikka Hotel, Baddi Barotiwala Road. Allegedly, police recovered 1kg 23 grams of charas from the co-accused Sohan Singh, whereas 862 grams of charas was recovered from the possession of the bail petitioner. Police registered FIR as detailed herein above, against the bail petitioner as well as other-coaccused under Sec. 20 of the Act. At the time of the presentation of the challan, Sec. 29 was not incorporated, because police was unable to find conspiracy, if any, among both the accused.