SATYEN VAIDYA
DILBAR KHAN S/O SH. FATEH KHAN – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent
ORDER :
1. Both these petitions arise out of the same FIR and involve identical questions of facts and law, therefore, both the petitions are being disposed of by a common order.
2. The case under Section 21 & 29 of Narcotic Drugs & Psychotropic Substances ( for short "ND&PS") Act and Sections 181, 192 and 196 of Motor Vehicles Act, has been registered at Police Station, Sunni, District Shimla, H.P., in case FIR No. 24/2022, dated 10.3.2022.
3. Police recovered and seized 142 grams heroin from vehicle No. HP-01M-2445, which was occupied by the petitioners. Petitioner Dilbar Khan in Cr.M.P(M) No. 947 of 2022, was on driving seat and petitioner Rajinder Sharma in Cr.M.P(M) No. 948 of 2022, was the other occupant of the vehicle. Police had prior intimation about the crime. Compliance of Section 42(2) of ND&PS Act was made and thereafter the contraband was recovered at about 10.30 p.m. at place Bashalti near Madhod Kenchi within the jurisdiction of Police Station, Sunni.
4. As per secret information received by police, two vehicles bearing No. HR-26BP-1008 and HP-01M-2445 were approaching Sunni and occupants thereof were carrying contraband. The information was found to be correct and both
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