REHMAT ALI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Rehmat Ali, has approached this Court in the instant proceedings filed under Sec. 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 25/18 dtd. 24/3/2018, under Ss. 20, 25 and 29 of the NDPS Act and 181 of Motor Vehicles Act, registered, at P.S. Dalhousie, District Chamba, H.P.

(2.) Sequel to order dtd. 6/2/2019, passed by this Court, ASI Balwant Singh, I.O. P.S. Dalhousie, District Chamba, H.P., has come present in Court alongwith record of the case. Mr. Dinesh Thakur, learned Additional Advocate 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.) Close scrutiny of the record/status report reveals that on 24/3/2018, police party, which had laid Naka at Chhana Mor, apprehended two persons namely Faruq Mohd. and Bashir Mohd., carrying psychotropic substance. Since above named persons after having seen police tried to run away from the spot, police apprehended them and thereafter, recovered charas weighing about 3.87 kg. After completion of necessary codal formalities, police registered case against the above named persons under Ss. 20, 25 and 29 of the NDPS Act and 181 of Motor Vehcile Act on 24/3/2018 and since then, they are behind the bars. During investigation, police found involvement of present bail petitioner as well as present namely Bitu Ram, from whom, allegedly accused persons namely Faruq Mohd. and Bashir Mohd., purchased charas recovered from their possession. During investigation, police found that present bail petitioner helped the accused carrying charas from Thalli Nakror to Channa Mor. As per Investigating Agency, present bail petitioner, who drives Taxi/CAB, charged sum of Rs.12,000.00 from the co-accused for dropping them from Thalli Nakror to Channa Mor. Above named persons revealed during their investigation that present bail petitioner asked them to pay sum of Rs.3,000.00 per kg for dropping them from Thalli Nakror to Channa Mor and as such, in the aforesaid background, case under Sec. 25 of the NDPS Act, came to be registered against the bail petitioner and since 3/4/2018, bail petitioner is behind the bars.