MANOHAR LAL Vs. STATE OF HIMACHAL PRADESH.

JUDGEMENT

(1.) Petitioner has filed this application under Section 439 Cr.P.C. for his release on bail in case FIR No. 41 of 2017, dated 26.6.2017 registered at Police Station Panchrukhi, District Kangra, H.P. under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) .

(2.) Petitioner has been arrayed as co-accused on the basis of statement made by main accused Chander Shaker, who was apprehended by the police during naka for having found in possession of 1.4 Kilograms charas during patrolling duty of police party at place Moli Chak. During interrogation the said Chander Shaker disclosed that he had received the recovered contraband from present petitioner Manohar Lal, whereupon petitioner was arrested and it was found that three FIRs i.e. FIR No. 86/08 dated 28.3.2008 under Section 20-61-85 NDPS Act, FIR No. 195/13 dated 8.10.2013 under Section 20-61-85 NDPS Act and FIR No. 156/15 dated 20.8.2015 under Section 20/29 NDPs Act had also been registered against him and in FIR No. 156 of 2015 contraband involved was 1 Kilogram charas. As per prosecution case, during investigation, Manohar Lal had further disclosed that he had procured the charas in question from one Suresh Kumar R/o Barot and had led the police party to the house of said Suresh Kumar. However, the said Suresh Kumar was not found at his residence and it came in the notice of police from local habitants that he was in custody in Dharamshala jail since last one month in connection with a case of charas and his shop (tea stall) was being run by his wife Veena Devi, who was also not found in the village and during search of shop (tea stall) of Suresh Kumar, in presence of his brother, no narcotic drug or incriminating material was found in the said shop. Relying upon call details of mobile bearing No. 82610-59088 being used by Chander Shaker and 82639-59647 being used by Manohar Lal, it is the case of prosecution that both of them were having proximity with each other and on the date of incident, immediately before recovery of contraband from Chander Shaker, they had numerous talks with each other.

(3.) Recovered contraband was send for chemical examination were after weighing it without polythene wrapper, actual weight of it was found 1.001 kilograms and as such the recovered contraband was found commercial in quantity.