VICKY Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2021-5-12
HIGH COURT OF HIMACHAL PRADESH
Decided on May 10,2021

VICKY Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

Jyotsna Rewal Dua,J. - (1.) For possessing 6.22 grams of heroin, petitioner has been made an accused in FIR No. 47 of 2021, lodged on 04.04.2021 under Section 21 of the Narcotic Drugs and Substance Act (hereinafter referred to as the Act), registered at Police Station Damtal, District Kangra, H.P.
(2.) Heard learned counsel for the parties and gone through the status report filed by the respondent-State.
(3.) According to the status report, a police party was on patrol duty on 04.04.2021 within the area of its jurisdiction. At about 3.40 p.m., it received a reliable information about the bail petitioner being engaged in selling heroin in his home at village Chhani and that immediate raid of his home can lead to recovery of a large quantity of heroin. On receipt of this information, provisions of Section 42(2) of the Act were complied with and independent witnesses were also associated. The raiding party reached the spot and found the petitioner in his home. The procedure, as contemplated in law, was followed while carrying out the search of the house. A purse was found from the bedbox, which had a polythene containing a light brownish white coloured substance. With the help of the drug detection kit, the substance was determined as heroin and weighed 6.22 grams. The recovery of contraband led to registration of the FIR. Petitioner was arrested on 04.04.2021 and since then he is in custody.;


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