AMANDEEP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Amandeep, who is in custody since 23.01.2018, has approached this Court by way of instant bail petition, seeking therein regular bail in case FIR No.10/2018, dated 21.01.2018, under Section 20-61 -85 of the Narcotic Drugs & Psychotropic Substances Act ( for short "Act") registered at police Station, Sadar Theog, District Shimla, Himachal Pradesh.

(2.) Sequel to orders dated 24.01.2018 and 2.2.2018, ASI Chet Ram, Police Station, Sadar Theog, District Shimla, has come present in Court alongwith the record. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Careful perusal of the record/status report suggest that FIR, detailed hereinabove, came to be lodged at police Station, Sadar Theog, District Shimla at the behest of complainant i.e. ASI Chet Ram, who alleged that on 21/01/2018, he alongwith patrolling party intercepted HRTC Bus bearing No.HP-03B-6175 coming from Nerwa side. During search of the bus, one bag was recovered from the person i.e. bail petitioner sitting at seat No.24 of the bus. Since, the bail petitioner tried to hide the same from the police, Investigating Officer as well as other members of the patrolling party got suspicious and they checked his bag. During search of the bag, police recovered 255 grams charas from the bag being carried by the bail petitioner. Police after completion of codal formalities registered the case against the bail petitioner under Section 20-61 -85 of the Act at police Station Sadar Theog, District Shimla and since then the bail petitioner is behind the bar.