RAM DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) By this application the accused-Petitioner (herein-after referred to as the accused) has prayed for his release on bail in case FIR No. 92/2000 dated 7.2.2000 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the Act), registered at Police Station, Una on the grounds that he has been falsely implicated in the commission of the offence, -that the search conducted by the police was not in accordance with the law and that even if the case of the prosecution is believed he was found in possession of 20 gms only of 'charas', therefore, the quantity so recovered being 'small quantity' the case will be covered under Section 27 of the Act.

(2.) Case of the prosecution is that on receipt of some secret information that one Rajesh Kumar (Co-accused in the case) owner of a Motor Cycle Repair Shop at Nangal Road Una and the accused who is his servant were carrying on the business of purchasing and selling 'charas', the police carried out the search and found Rajesh Kumar in possession of 80 gms. of 'charas' whereas 20 gms 'charas' was recovered from the possession of the present accused.

(3.) I have heard the learned Counsel for the accused and the learned Assistant Advocate General for the Respondent and have also gone through the police report.