STATE OF HIMACHAL PRADESH Vs. DEEN MOHD

JUDGEMENT

(1.) The above application has been filed by the State under Section 439(2) read with Section 482 of the Code of Criminal Procedure. 1973 seeking to set aside the order dated 9-6-1998 of Sessions Judge. Chamba in B.A. No. 75 of 1998 whereby the accused-respondent was released on bail for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act).

(2.) The application came up before the Honble Chief Justice on 25-9-1998 and notice was issued to the accused-respondent returnable within four weeks. When the matter was taken up on 27-11- 1998 the Honble Chief Justice directed placing of the application before the Division Bench for reconsideration of the decision in Rajiv Kumar v. State of Himachal Pradesh rendered by learned Single Judge.

(3.) Briefly stated the facts of the present case are that Deen Mohd. Accused-respondent was apprehended by Head Constable Budhi Prakash on 19-3-1998 at about 7.45 a.m. at Forest Barrier, Tunuhatti, District Chamba. The police officer stopped him and memo of search was served upon him in presence of independent witnesses. The accused gave consent for search and on such personal search. 4.75 kg. charas was recovered from his bag. F.I.R. No. 36/98 dated 19-3-1998 came to be lodged against him in Police Station, Dalhousie under Section 20 of the NDPS Act and the accused was arrested. Charge-sheet was filed against the accused in the Court of learned Sessions Judge, Chamba for the commission of the alleged offence. The accused was lodged in judicial custody in Sub-Jail, Chamba. He filed Bail Application No. 75/98 which was allowed by the learned Sessions Judge, Chamba on 9-6-1998 vide order impugned in this application.