NAVEEN BURA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Naveen Bura, who is behind the bars since 26.12.2016, has approached this Court in the instant proceedings filed under Section 439 CrPC, seeking therein regular bail in FIR No. 297 of 2016 dated 26.12.2016, under Sections 20 and 29 of the Narcotic Drugs & Psychotropic Substances Act, registered at Police Station Sadar, District Solan, Himachal Pradesh.

(2.) Sequel to orders dated 13.4.2018 and 27.4.2018, ASI Krishna, I/O, PS Sadar, Solan, Himachal Pradesh, has come present with the record. Mr. Dinesh Thakur, learned Additional Advocate General has placed on record status report prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Careful perusal of record/status report reveals that on 26.12.2016, police party headed by ASI Ashwani Thakur (PW-15) , on the basis of secret information, intercepted vehicle bearing registration No. HR-46C-5936 at Saproon, Solan. Three persons including present bail petitioner were sitting in the vehicle referred to herein above and on search, contraband i.e. Charas weighing 2.002 kg came to be recovered from the conscious possession of co-accused namely Kapil. Police associated two independent witnesses on the spot namely Rajesh Thakur (PW-1) and Rajesh Verma (PW-2) . After completing the codal formalities, police registered FIR detailed herein above and arrested all the three accused including present bail petitioner. Bail petitioner by way of CrMP(M) No. 541 of 2017 approached this Court for grant of bail in the month of May, 2017, however, same was disposed of with the direction to the learned Special Judge-II, Solan to re-hear the bail application No. 11-S/22 of 2017 and decide the same accordingly. While passing aforesaid order, this Court observed that since case stands registered under Section 29 of the Act against the bail petitioner, trial court would consider his case accordingly. Pursuant to aforesaid order passed by this Court, though petitioner had filed fresh bail application but that was not pressed and as such, was disposed of accordingly.