RAJIV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has been arrested for the offence under Section 20. Narcotic Drugs and Psychotropic Substances Act. 1985 (for short: NDPS Act) by police of Police Station Theog, on the allegation that on 15-12-1997 during the course of his personal search 62 grams of Charas was recovered from his possession. The petitioner presently is confined to judicial custody.

(2.) The application for bail made by the petitioner under Section 437. Code of Criminal Procedure, before the learned Sessions Judge, Shimla, was rejected on 19-12-1997. The petitioner has now approached this Court for bail under Section 439, Code of Criminal Procedure.

(3.) The only point raised on behalf of the petitioner is that the Police Officer, who had accosted the, petitioner searched him and seized the contraband had undertaken further investigation. It was on his complaint that a formal First Information Report was lodged and the case against the petitioner was initiated. It was contended that such Police Officer being a complainant should not have proceeded with the investigation of the case. Since the investigation was carried out by the Police Officer, who was the complainant there is a suspicion with regard to fair and impartial investigation.