SHIVA Vs. STATE OF H P

JUDGEMENT

(1.) This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in case FIR No. 180 dated 26.10.2009 registered at Police Station Theog under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The status report has been filed.

(2.) Heard and perused the record. It has been submitted on behalf of the petitioner that petitioner is resident of Madrasi Colony, Ram Nagar, Karnal, Haryana. He has been arrested in the aforesaid case on 26.10.2009 and since then he is in custody. The petitioner is innocent. He has committed no offence. The investigation in the case is complete. The petitioner is ready to furnish the bail bonds in accordance with the directions of this court. The petitioner had earlier filed bail application, which has been rejected by learned Additional Sessions Judge, Fast Track Court, Shimla on 16.01.2010. The learned Additional Sessions Judge has not properly appreciated the material on record. The trial of the case may take some time.

(3.) The bail application has been opposed by learned Additional Advocate General on the basis of status report. It has been submitted that the police was checking vehicles on 25.10.2009 at about 1:30 A.M. A person was sitting on seat No. 29 in Haryana Roadways bus No. HR-63A-8394 which was plying on Rampur-Delhi-Jhajjar route. The said person was having a bag. He was questioned but he could not give any proper answer. Later on he disclosed his name Shiva. The bag which that person had kept on his legs was checked and charas weighing 1 kg 800 gms was recovered from the bag. The sampling and sealing was done on the spot. The petitioner was arrested. As per State Forensic Science Laboratory report in the police file the quantity of resin as found in the Exhibit is 21.64% w/w. The exhibit is extract of cannabis and sample of charas.