JUDGMENT :

Satyen Vaidya, J.

Petitioner by way of instant petition has prayed for grant of bail under Section 439 Cr.P.C. in case registered vide FIR No.170 of 2022, dated 23.11.2022, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘ND&PS Act), at Police Station, Dhalli, District Shimla, H.P.

2. Petitioner was arrested on 23.11.2022 and is in custody since then. Report under Section 173 Cr.P.C. stands filed in the Court.

3. The case against the petitioner is that on 23.11.2022, a routine police patrol near Kufri, received a secret and credible information to the effect that a person bearing shirt with checks and grey pant and having a bagpack was involved in selling “Charas” to consumers near Kufri bye-pass. Report under Section 42 (2) of the ND&PS Act was prepared and sent to the office of Additional Superintendent of Police, through Constable Vikrant Singh. Independent witnesses were associated. A person was found near liquor vend at Kufri. When police party signaled him to stop, he started running towards Fagu but was overpowered by the police party. He disclosed his name as Roshan Thakur (petitioner). The bagpack carried by petitioner was sea