JAGMOHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Jagmohan, who is behind the bars since 15.11.2018, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.121/2018, dated 15.11.2018, under Section 21 of the Narcotics Drugs and Psychotropic Substances Act ( for short "ND&PS Act"), registered at police Station, Kumarsain, District Shimla, Himachal Pradesh.

(2.) Sequel to order dated 26.6.2019, HC Piyush Raj, has come present alongwith record. Mr. Sanjeev Sood, learned Additional Advocate General, has also placed on record fresh status report prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) As per case of the Investigating Agency, police party headed by HC Dev Raj No.1694 was on patrolling duty and when aforesaid patrolling party reached near Circuit House at Narkanda, bail petitioner was found to be coming towards Narkanda from Thanedhar road side. Since, bail petitioner on seeing the police party, got perplexed and tried to run away, police party apprehended him and subsequently recovered 31.17 grams of Chitta (Heroin) from him. Since bail petitioner failed to render any plausible explanation for possessing the aforesaid contraband, police after completion of necessary codal formalities, registered a case at the behest of HC Dev Raj in police Station, Kumarsain vide FIR No.121 of 2018, dated 15.11.2018 under Section 21 of the Act, against the accused and since then he is behind the bars.