JUDGMENT (ORAL)

Sandeep Sharma, J.—Bail petitioner, namely Gaurav Kumar alias Bunty, who is behind the bars since 10.10.2020, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.158 of 2020, dated 10.10. 2020, under Sections 21, 29-61-85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (For short ‘Act’), registered at police Station, Damtal, District Kangra, Himachal Pradesh.

2. Perusal of status report filed by the respondent-State in terms of order dated 11.12.2020, reveals that on10.10.2020, police allegedly apprehended one motorcycle coming from Bhadroya side. Since, persons riding on the motorcycle got perplexed after having seen the police party, police associated two independent witnesses and carried out their personal search as well as search of the motorcycle and allegedly recovered 9.41grams heroin/chitta from the dickey of the motorcycle. Since, no plausible explanation came to be rendered on record by the present bail petitioner, who at that relevant time was driving the motorcycle as well as other person namely, Moksh qua the possession of af