Decided on February 24,2021



Sandeep Sharma,J. - (1.) Bail petitioner, namely Chhabile Ram, who is behind the bars since 9.7.2020, has approached this Court in the instant proceedings filed under S.439 CrPC, for grant of regular bail in FIR No. 105, dated 25.6.2020 under Ss. 20 and 29 of the Narcotic Drugs & Psychotropic Substances Act registered at Police Station Patlikuhal, District Kullu, Himachal Pradesh.
(2.) Respondent-State, besides filing status report, has also produced complete record, perusal whereof reveals that on 25.6.2020, at 6.30 am, patrolling party present at Dobhi Fojal saw person namely Diwan Chand coming from Village Bihal. Since above named person having seen the police got perplexed and made an attempt to flee from the spot after throwing carry bag in the nearby grass, police stopped him for interrogation. Since conduct of the above named person was suspicious and he was unable to answer the queries of the Police, Police deemed it necessary to conduct his search. Though, at the first instance, police made an attempt to associate independent witnesses, but since none was available, police officials conducted search of carry bag allegedly thrown by the accused Diwan Chand in nearby grass and allegedly recovered 1.484 kg charas. After completion of necessary codal formalities, police registered a case under S.20 of the Act ibid against aforesaid accused, Diwan Chand, who, during investigation revealed to the police that he purchased aforesaid commercial quantity of contraband from the person namely Chuni Lal for a total consideration of Rs.1,85,000/-. On the basis of aforesaid revelation made by Diwan Chand, Police apprehended accused Chuni Lal, who further disclosed to the Police that on the askance of Diwan Chand, he had arranged the aforesaid contraband from present bail petitioner, Chhabile Ram. Chuni Lal in his statement given to the Police disclosed that on 24.6.2020, accused Diwan Chand had approached him with the request to arrange for charas. Chuni Lal disclosed to the police that since he knew Chhabile Ram for the last two years, he assured Diwan Chand that within a day or two, he will arrange charas for him. Chuni Lal disclosed to the Police that Diwan Chand gave Rs.1,85,000/- for purchase of charas. As per disclosure made by Chuni Lal to the Police, in the evening of 24.6.2020, bail Diwan Chand had delivered 1.484 kg charas near the house of Chuni Lal for a sum of Rs.1,75,000/-, whereas, he gave Rs.5,000/-as commission to Chuni Lal. As per compliance report filed in the case at hand, Chuni Lal, after having received charas from Chhabile Ram, hid the same near his house and thereafter gave it to Diwan Chad. In the aforesaid background, case under S. 29 of the Act came to be registered against the bail petitioner and since 9.7.2020, he is behind the bars. Challan stands filed in the competent Court of law but still the charges have not been framed.
(3.) Prior to filing the present petition, bail petitioner had approached this Court by way of CrMP(M) No. 1029 of 2020, for grant of anticipatory bail, which was dismissed as withdrawn. Now, since Challan stands filed in the competent Court of law and investigation is complete, present petition has been filed under the changed circumstances, praying therein for grant of regular bail.;

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