SAMDARSH KUMAR Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) An FIR dtd. 19/6/2020 was registered against the petitioner under Sec. 22 of the NDPS Act, 1985 (hereinafter referred to as the Act) as well as Sec. 25 of the Arms Act, 1959 and Sec. 188 Indian Penal Code, 1860 at Police Station Sector 39, Chandigarh. Recovery was made of 11 injections of Pheniramine Maleate (10 ml. each) and 15 injections of Buprenorphine (2 ml. each) as well as one desi pistol with 06 live cartridges.

(2.) First bail application of the petitioner was rejected vide order dtd. 15/10/2020 passed in CRM-M-30386-2020 primarily on the ground that the accused had been in custody only for 03 months and 19 days and there were large number of criminal cases pending against him. While deciding the said case, CRM-M-19523-2020 titled as Prem Singh Bisht and another Vs. U.T. Chandigarh and others was also decided. The petitioner therein is the employer of the petitioner herein and he had filed the said petition for transfer of investigation of the present FIR to the Central Bureau of Investigation on the ground of false implication. His case was that the petitioner herein had been falsely implicated as FIR dtd. 24/10/2017 was registered against some police personnel under Sec. 7 of the Prevention of Corruption Act, 1988 for demanding a bribe from the complainant of the said FIR. The allegation was that fake implication was done to coerce him as well as the complainant of FIR dtd. 24/10/2017 to turn hostile. Certain evidence was relied upon. Having taken into consideration all the facts and evidence brought on record, a finding was returned that false implication was not established.

(3.) Second bail application, viz. CRM-M-13196-2021 was also rejected vide order dtd. 27/9/2021 after recording a finding that the conditions prescribed by Sec. 37 of the Act were not fulfilled.