RAJAT SHIRKOT Vs. STATE OF H P

JUDGEMENT

(1.) Present petition has been filed under Sec. 439 Crimial P.C. seeking regular bail in case FIR No. 9 of 2018 dated 28.9.2018 registered at Police Station State CID Bharari under Sections 21/29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act).

(2.) Status report stands filed and record also stands produced, perusal whereof indicates that on 27.9.2018 petitioner along with another person Vipin Thakur was found sitting in a car parked on the National Highway near Narkanda. The police party headed by Investigating Officer had inquired the reason for idle parking and on not finding any satisfactory answer, the car was searched on suspicion wherefrom 52 grams packed in foil paper was recovered, resulting into arrest of the petitioner along with Vipin Thakur.

(3.) It is further stated that co-accused Vipin Thakur has been released on bail by the Additional Sessions Judge, Kinnaur at Rampur on 3.11.2018 as the contraband recovered was of intermediate quantity i.e. more than small quantity but less than commercial quantity. However, bail application of the present petitioner has been dismissed on the ground that on earlier occasion also, he was found to be in possession of charas leading to registration of FIR No. 79 of 2017 under Sec. 20 of NDPS Act in P.S. Ani and it is the second offence.