DILBAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been filed seeking regular bail in case FIR No. 97/18, dtd. 6/11/2018, at Police Station Kandaghat, under Ss. 20 and 29 of Narcotic Drugs and Psychotropic Substance Act (in short "NDPS Act"), petitioner is in custody since 6/11/2018.

(2.) Status report stands filed and record has been produced, perusal whereof indicates that on 6/11/2018, during traffic checking, Head Constable Bhupender along with police party, at about 4.45 P.M., had stopped vehicle bearing No. HP13-5118 ALTO 800, coming from Shimla side. The vehicle was being driven by present petitioner, who was accompanied by one Manoj Kumar sitting on the front seat of left side. During checking of the vehicle, a carry bag was found on the seat on which Manoj Kumar was sitting, where-from 1kg 505 gm Charas was recovered. During inquiry, Dilbar Singh (petitioner) and Manoj Kumar (co-accused), disclosed that they had purchased contraband from an unknown Nepali at Theog Bus stand and they were intending to earn profit by selling it further.

(3.) On recovery of the contraband, the same was seized by completing the codal formalities and a rukka was sent to the SHO, Police Station with a request to register FIR and appoint some another investigating officer for further investigation. On the basis of rukka, FIR was registered and the further investigation was handed over to Sub Inspector Rajinder Singh, who completed the remaining part of investigation and challan is likely to be presented in the Court within very short time. It is further stated in the status report that since 9/11/2018, after remaining in the police custody, the petitioner is in judicial custody.