SHANK RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Section 439 of Code of Criminal Procedure for releasing him on bail, in case FIR No.10 of 2018, dated 30.01.2018, under Section 20 of Narcotic and Psychotropic Substances Act, registered at Police Station Swarghat, District Bilaspur, H.P.

(2.) As per the applicant, the prosecution case is that the petitioner was driving from Bilaspur towards Swarghat Mahendra Geep No.UK-078BM-5173 and was stopped at Swarghat by a Naka Police Party. The applicant was found driving the said vehicle alone. The Naka Police Party conducted a search of the said vehicle and on search from the cabin of the said vehicle from the left side one polythene envelope blue and red in colour was recovered. On checking the said polythene envelope a black substance was noticed. On smelling and on basis of experience of the SI/SHO police Swarghat concluded that the said black substance was charas and therefore, the applicant was arrested at about 05.20 a.m. on 30.01.2018 at Swarghat. The applicant remained in the police custody twice from 30.01.2018 to 03.01.2018 and thereafter, is in judicial custody. The applicant is a student of Dun University at Dehradun and he is doing his 6th Semester of M.Sc./Economic Hon.

(3.) Police report stands filed. As per prosecution story, when on 29.01.2018 the police party of Police Station Swarghat, District Bilaspur, headed by HC Dev Dutt No.97 and associated by Constable Navneet Kumar No.415, Constable Ajay Kumar No.342, and Constable Raj Kumar No.5/7, was present at Swarghat Chowk in connection with Nakabandi investigation duty, on 30.01.2018 at about 01.30 a.m., a vehicle Mohindra bearing No.UK-07BM-5173, which came from Bilaspur side, was stopped for checking. Only driver was available in the said vehicle, who on asking has disclosed his name as Shank Rana and resident of Block-C, Ganesh Bihar Ajabpur, Dehradun (Uttrakhand) . The vehicle was searched in his presence. On search of the vehicle, a polythene bag of blue colour was found hidden in the cabin of the conductor side seat. On opening and checking of the bag, charas in five plastic packets, weighing 509 grams, was recovered. The total weight of the bag and charas was found 522 grams. The recovered charas was put in the same polythene and wrapped in a white colour piece of cloth. The white "Pulinda" cloth was sealed with six impression of seal "R". Form NCB-1 in triplicate were filled in and marked with seal impression "R". Seal was handed over to HC Dev Dutt No.97. Bail petitioner Shank Rana and witnesses have put their signatures on the sealed "Pulinda" cloth. Thereafter, the "Pulinda" cloth containing of recovered charas, specimen of seal, Form NCB-1 in Triplicate, Vehicle Mohindra No.UK-07BM-5173 alongwith RC, Insurance and Driving License, were taken into possession by the police vide separate recovery memo. The signatures of the bail petitioner were also taken on the recovery memo and copy thereof was also supplied to him and he was arrested. Thereafter, the case was registered against the bail petitioner vide FIR No.10 of 2018, under Section 20 of the Narcotic and Psychotropic Substances Act, at Police Station Swarghat, District Bilaspur, H.P.