RAJENDER PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant bail petition filed under Section 438 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for grant of pre-arrest bail in case FIR No.62/2019, dated 10.4.2019, under Sections 20 & 29 of the Narcotic Drugs & Psychotropic Substances Act ( for short "ND & PS Act"),registered at police Station, Ghumarwin, District Bilaspur, Himachal Pradesh.

(2.) Sequel to order dated 26.6.2019, ASI Pyare Lal, has come present alongwith record. Mr. Sudhir Bhatnagar, learned Additional Advocate General, has also placed on record fresh status report prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Careful perusal of the record/status report reveals that on 9.4.2019, police party, which had laid nakka near Petrol Pump (NH), Ghumarwin, District Bilaspur, H.P., apprehended car (Alto k 10) bearing registration No. HP-23-4869 coming from Ghumarwin side. On search, police recovered one carton box containing 100 plastic bottles and on each bottle, level of Codeine Phosphate Triprovidine Hydrochloride Syrup RC-Kuff Cough Syrup 100 MI was affixed. Since, occupants of the vehicle namely, Sunil Kumar and Sher Singh were unable to produce permit, if any, with regard to aforesaid bottles and as such, they were apprehended. After completion of codal formalities, police on 10.4.2019 lodged the FIR, as detailed hereinabove, under Section 20 and 29 of the Act, against the occupants of the vehicle, as named hereinabove. During investigation, above named persons, disclosed that they were handed over carton box containing contraband, as detailed hereinabove, by Amit Sharda proprietor of Sharda Medical Store, Ohar, Tehsil Ghumarwin, District Bilaspur, H.P., for delivering the same to the present bail petitioner, who also runs a medical store at Danghar, Tehsil Ghumarwin, District Bilaspur,H.P. During investigation, one person namely, Ankush, who happened to be salesman in the shop of Amit Sharda, also disclosed to the police that persons namely, Sunil Kumar and Sher Singh had come in car No. HP23-A-4869 on the askance of the present bail petitioner to take delivery from the shop of Sharda Medical Store. On the basis of subsequent revelations made by the occupants of the car apprehended during nakka and the salesman of Sharda Medical Store, present bail petitioner came to be named in the FIR, as referred hereinabove.