STYNDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE bail was denied to the petitioner herein for the offence punishable under Section 29 of the Narcotic Drugs and Psycho tropic Substances Act, registered in Police Station Banjar. The instant application has now been moved for seeking the bail.

(2.) PRECISELY the prosecution story is that on 27th August, 2009, at about 5 a.m., the police party headed by ASI Man Singh was putting a 'naqa' near 'naglari pool'. In the meantime, a Bolero vehicle bearing registration No. HP -34A -0213 came from the side of village Gushaini. It was stopped. Main accused Shyam Singh was sitting on the steering wheel. One person sitting beside him seeing police opened the window of the vehicle and fled away. Shyam Singh was apprehended on the spot on suspicion and on checking the said vehicle, police recovered 19 Kgs Charas. On his interrogation Shyam Singh aforesaid disclosed that the person who had escaped was Mahinder son of Ram Rattan resident of village Pekhari, Tehsil Banjar. He was further interrogated intervally even on 28th August 2009 and he told that the escapee was said Mahinder, however it was only on 29th August 2009, when the police remand was obtained, he then disclosed during the interrogation that said person was not Mahinder but the present petitioner.

(3.) THE challan has been presented in the Court and the case is now fixed for 23rd March, 2010 in the Court of learned Additional Sessions Judge (FTC), Kullu.