IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. M.P. (M) No. 2049 of 2024 Reserved on: 11.11.2024 Decided on : 26.12.2024 Les Raj … Applicant Versus State of H.P.

…Respondent _____________________________ ______________

Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting?

___________________________________________________ For the Applicant : Mr. Bhupinder Singh Ahuja, Advocate.

For the :

Respondent Mr. Tejasvi Sharma, Mr.

Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General with Ms. Ranjana Patial, Dy.

A.G.

Virender Singh, Judge Applicant Les Raj has filed the present application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, (hereinafter referred to as ‘the B.N.S.S.’), for releasing him on bail, during the pendency of the trial, in case FIR No. 43 of 2023, dated 19.2.2023, registered with Police Station, Sadar, Kullu, H.P., under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’.

2. According to the applicant, he has wrongly been arrested in the aforesaid case and is in judicial custody for allegedly possessing 2 kg 72 grams of Charas.

3. As per the case of the applicant, investigation in the present case, is complete and no useful purpose would be served by keeping him in judicial custody.

4. Apart from this, the applicant has sought his release on bail on the ground that in this case, the I.O. has violated the mandate of Section 52-A of the NDPS Act, as the entire bulk has allegedly been sent to the Forensic Science Laboratory, for analysis.

5. According to the applicant, leakage of contraband from the SFSL is rampant. The alleged violation of Section 52-A of the NDPS Act, is stated to be going to the roots of the case. As such, he has sought relief of bail, on the ground of violation of the provisions of Section 52-A of the NDPS Act.

6. According to the applicant, he is ready to abide by any condition to be imposed by this Court, in case, ordered to be released on bail.

7. On the basis of above facts, Mr. Bhupinder Singh Ahuja, Advocate has prayed that the bail application may kindly be allowed and the applicant may kindly be released on bail.

8. When, put to notice, Police filed status report, disclosing that on 19.2.2023, S.I. Narayan Lal, alongwith with other police officials, was on patrolling duty and the duty to detect the crimes, relating to Narcotic and Psychotropic substance. When, the I.O., alongwith the police team, was present at Kais market at about 7:15 p.m., then, he received a secret information that in case, Les Raj (applicant), R/o Tandla is nabbed near Tandala Soyal Zero Point, then, large quantity of charas could be recovered from him. According to the I.O., in case, the efforts to obtain search warrants were obtained, in that eventuality, there were chances that the contraband could be removed from there. He has found the said information as authentic and reliable and complied with the provisions of Section

42(2) of the NDPS Act.

8.1 It has been mentioned in the status report that the Police team had gone to Tandla. Efforts to associate independent witnesses were made. Thereafter, one independent witness, namely, Gopal Singh, S/o Jeet Ram was associated, who has called Ward Member Hira Lal to the spot. Said Hira Lal reached at the spot at about 9:30 p.m. Both the persons were associated as independent witnesses. Thereafter, picketing was done. At about 9:45 p.m., one person was found coming from Tandla road side. The said person was duly identified by the person, who has given secret information, as Les Raj. On seeing the Police, said Les Raj turned back, threw the carry bag on the roadside, in the bushes and tried to flee away from the spot, but he was nabbed by the Police.

8.2 On inquiry, he could not give any satisfactory reply as to why he threw the carry bag and was fleeing away from the spot, rather he tried to get himself free from the clutches of the Police. On inquiry, he disclosed his name as Les