SANTOSH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Santosh, who is a student of evening College, Shimla, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 107/18 dated 30.9.2018, under Sections 20 and 29 of NDPS Act, registered at P.S. Kumarsain, District Shimla, H.P.

(2.) Sequel to orders dated 1/15.11.2018, passed by this Court, ASI Noop Ram I/o. P.S. kumarsain, District Shimla, HP, has come present in Court alongwith record of the case. Mr. Amit Dhumal, learned Deputy Advocate General, has also placed on record status report prepared on Whether the reporters of the local papers may be allowed to see the judgment? the basis of the investigation carried out by the investigating agency.

(3.) Perusal of status report/record suggests that on 30.9.2018, police party stopped one motorcycle bearing No. HP64-6578 being driven by the present bail petitioner for checking. Since bail petitioner and co-accused, who was a pillion rider, got perplexed, police checked the vehicle and recovered 110 grams of Charas. Such recovery of Charas came to be effected in the presence of person namely Rajesh, who was also stopped by police for checking at that relevant time. After completion of necessary codal formalities, police lodged FIR as detailed herein above and since then, bail petitioner is behind the bars. Co- accused namely Anurag Negi, has been already enlarged on bail by the learned District Judge, Kinnaur at Rampur on 25.10.2018.