KUNAL BHATIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 15 grams of Heroin, the petitioner, who is under arrest, on being arraigned as an accused in FIR No.176/2019, dated 6.9.2019, registered under Sections 21 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (herein after referred as the "NDPS Act"), in the file of Police Station, Sadar, District Hamirpur, H.P., disclosing non-bailable offences, has come up before this Court under Section 439 Cr.PC, seeking regular bail. Whether reporters of Local Papers may be allowed to see the judgment

(2.) The status report filed. I have seen the status report(s) as well as the police file to the extent it was necessary for deciding . the present petition, and the same stands returned to the police official. I have heard Sh. Vikrant Thakur, learned counsel for the petitioner and Mr. Nand Lal Thakur, learned Additional Advocate General for the respondent/State. FACTS

(3.) The gist of the First Information Report and the investigation is as follows: That on 6.9.2019 at about 6:45 p.m., when a police party headed by ASI Inderjeet alongwith C. Kulwinder Singh No.242 and HHC Rajesh Kumar, Police Station, Sadar, District Hamirpur, H.P., was on patrolling duty at Local bazar, Salalsi, a secret information was received that in the Royal Hotel near Salalsi bridge, in room No.205, petitioner Kunal Bhatia and one another person were doing the business of Heroin and a huge quantity of the contraband could be recovered if a raid is conducted. On this, written information under Section 42(2) of the NDPS Act was prepared. Two independent witnesses were associated and room No.205 of the Royal Hotel, was raided. From the personal search of the accused/petitioner, one polythene pouch was recovered and on opening the same, there was another polythene, in which some yellow coloured substance was found in form of powder and ball . shape. Thereafter, the other procedural formalities were completed and the aforesaid F.I.R. came to be registered. REASONING