Anoop Chitkara, J. - (1.)For possessing 49 grams of heroin, the petitioner, who is under arrest, on being arraigned as accused in FIR Number 145 of 2019, dated Oct 13, 2019, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (after now called 'NDPS Act'), in the file of Police Station Rampur, Distt. Shimla, HP, disclosing non- bailable offences, has come up before this Court under Section 439 CrPC, seeking regular bail.
(2.)Status report stands filed. I have seen the status report(s) and heard learned Counsel for the parties.
Facts

(3.)The gist of the First Information Report and the investigation is that on Oct 13, 2019, police party of Police Station Rampur, was present for patrolling duty at the Nankhadi Bifurcation on NH-05. At about 1.20 a.m. one vehicle came from the side of Sainj which was an Alto K-10 Car and two persons were sitting on the front seats and one was sitting on the back seat. It was signalled to stop on which they became perplexed. On inquiry the driver of the said car revealed his name as Ganesh Chand, person sitting adjacent to the driver's seat as Bhupinder Kumar (petitioner herein) and the person sitting on the back seat as Vinod Kumar. Police asked them to show the documents of the vehicle on which the colour of their faces became pale. It raised suspicion about the presence of some contraband and consequently the police tried to associate independent witnesses. After some time one independent witnesses that is the Up-pradhan was called and in his presence the said vehicle was searched. Near the hand-rest one polythene envelop which was taped was lying and found to be containing heroin. When weighed from electronic scale, it measured 49 grams. Subsequently, the police party also complied with the procedural requirements under the NDPS Act and the CrPC and arrested the petitioner
Analysis And Reasoning:

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