DIWAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, Diwan Chand, has filed the instant petition under S.438 CrPC, for grant of anticipatory bail in connection with FIR No. 6, dated 19.1.2015, under S.20 of the Narcotic Drugs & Psychotropic Substances Act, registered with Police Station, State CID, Bharari, Shimla, Himachal Pradesh.

(2.) Sequel to orders dated 28/30.8.2019, Shri Mukesh Kumar, Dy.SP. Crime, Bharari with HC Joginder Singh has come present with the record. Mr. Kunal Thakur, learned Deputy Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(3.) Perusal of record/status report reveals that on 19.1.2015, SHO, Police Station, State CID, Bharari, Shimla, received a Rukka from Inspector Lal Singh i.e. Investigating Officer, State CID, Mandi stating therein that on 19.1.2015, when he was present with the investigating team at Talgar Bridge near Urla National Highway, at 6.30 pm, a person wearing black jacket and grey pants, came towards the road from Ghatasani side. Said person was carrying a rucksack in his right hand. Inspector having suspicion tried to stop the person but that person left behind his rucksack and fled from the spot. Though police officials tried to apprehend him but said person escaped. Police opened the bag and allegedly recovered charas, which on weighment was found to be 1.5 Kg. Police also recovered a mobile phone of Nokia make, number whereof was found to be 94593- 22871. On the basis of aforesaid Rukka, complainant Lal Singh prayed for registration of case under S.20 of the Act ibid against unknown person. Formal FIR, as detailed herein above came to be lodged in Police Station State CID, Bharari.