SANJEEV SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant bail petition filed under section 439 of the Code of Criminal Procedure, 1973 prayer has been made for grant of regular bail in connection with FIR No.45 of 2015, dated 14.02.2015, under Section 202529 of the Narcotic Drugs and Psychotropic Substances Act, and Section 181 of the Motor Vehicles Act, registered at police Station, Kullu, District Kullu, Himachal Pradesh.

(2.) Sequel to orders dated 11.5.2018 and 29.5.2018, respondent-State has filed status report as well as affidavit of Jail Superintendent, Kullu, H.P.

(3.) Status report reveals that on 14.02.2015, police intercepted one Esteem Car bearing registration No. HR10G0021 coming from Manikaran side for traffic checking. On checking, registration of the vehicle was found in the name of M/s Shiva Agencies Sena Nagar, Ambala. On inquiry, driver of the vehicle disclosed his name as Manjit Singh and he could not produce his driving licence and got frightened. On checking of the car, one brown coloured jacket from the back seat of the car was found, wherein two nylon socks were recovered, carrying solid round substance, which was later on found to be charas. On weighment, it was found to be 2.900 grams. During investigation, driver of the Car, namely Manjit Singh gave disclosure statement under section 27 of the Indian Evidence Act, stating therein that he has concealed charas i.e. 4.271 grams in the car, which was later on recovered. During interrogation, Manjit Singh further disclosed that he has purchased aforesaid contraband from Ramesh Kumar, who after being arrested, disclosed to the police that he has business transaction with the present bail petitioner and he sells apple to him in the season. During investigation, it emerged that bail petitioner had transferred some amount i.e. Rs. 4,50,000/- in the bank account of Ramesh Kumar. The vehicle involved in the accident was found to be in the name of the bail petitioner and as such, he came to be arrested on 28.7.2015 and since than he is behind the bars. Prior to filing of bail petition at hand, petitioner had approached this Court for enlargement of bail by way of Cr.MP(M) No.874 of 2017, however that was subsequently withdrawn with liberty to approach appropriate court of law at appropriate stage, in accordance with law.