MANDEEP KUMAR Vs. STATE OF H.P

JUDGEMENT

(1.) Bail petitioner, namely, Mandeep Kumar, who is behind bars since 26.11.2015 has approached this Court, by way of instant bail petition filed under Section 439 Cr.PC, praying therein for grant of regular bail in case FIR No.126/2015, dated 26.11.2015 registered at Police Station Barotiwala, District Solan (H.P.), under Section 21 of NDPS Act.

(2.) Sequel to order dated 12/19.01.2018, ASI Tulsi Dass, I.O, Police Station Barotiwala, District Solan, H.P. has come present alongwith the record. Mr. Rajat Chauhan, learned Law Officer has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Records perused and returned. 1 Whether the reporters of Local Papers may be allowed to see the judgment?

(3.) Careful perusal of the record/status report reveals that on . 26.11.2015, police party having received secret information searched vehicle bearing No. HR-02AA-1684 after procuring key from the bail petitioner. Though, vehicle referred to above was later on found to be owned and possessed by Vikram Singh, but as per investigation, bail petitioner had purchased the vehicle in question from the original owner on the affidavit and the same was yet to be transferred in the name of the bail petitioner. Police party allegedly recovered 19 bottles of Cough Syrup namely Corex one hundred ml. each and 300 tablets of Lomotil. Police also recovered three strips of capsules, namely, Spasmo Proxyvon Plus. Since the bail petitioner was unable to produce valid documents , if any, possessed by him for keeping aforesaid drugs, he was taken into custody and since then he is behind bars. As per report of FSL, drugs namely Corex and Lomotil contained prohibited drugs namely Codeine Phosphate and Diphenoxylate Hydrochloride. Report of FSL further revealed that 1.981 Mg Codeine Phosphate was found in one hundred ml. bottle of Corex Syrup whereas 2.517 Mg Diphenoxylate Hydrochloride was found in tablet of Lomotil. Since capsule Spasmo Proxyvon Plus was not found to be a sample of Narcotic drug, no report was submitted by FSL. After aforesaid recovery of contraband allegedly recovered from the bail petitioner, FIR detailed hereinabove came to be registered against him under Section 21-61 -85 of NDPS Act and 18 of Drug and Cosmetics Act at Police Station Barotiwala on the complaint of Sub Inspector, In- . charge SIU Raju.