DHARMINDER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioners namely, Dharminder @ Dhruv, Ravi Sharma and Jagdev, who are behind the bar since 19.5.2019, have 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.114/2019, dated 19.5.2019, under Sections 21 and 29 of the Narcotics Drugs & Psychotropic Substances Act ( for short "ND&PS Act"), registered at police Station, Sadar, District Solan, Himachal Pradesh.

(2.) Pursuant to order dated 18.9.2019, ASI Bhagat Ram has come present alongwith the record. Mr. Kunal Thakur, learned Deputy General has also placed on record status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Record/status report made available to this Court reveals that on 19.5.2019, police party stopped car bearing registration No. HP-03(T)-4369 for checking of the documents. Since, the occupants of the car got perplexed, police associated independent witnesses on the spot and carried out the search of the car and allegedly recovered 25.33 grams of heroin. All the bail petitioners were travelling in the car at the time of alleged recovery. Since, no plausible explanation came to be rendered on record on behalf of the bail petitioners, police after completion of necessary codal formalities registered the case against them under Sections 21 and 29 of the Act on 19.5.2019 and since then they are behind the bar.