DIGVIJAY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application, under Section 439 of the Code of Criminal Procedure, has been maintained by the petitioner, for releasing him on bail, in case FIR No. 216/2019, dated 10.10.2019, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Sadar-Solan, District Solan, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and no fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 10.10.2019, a police party headed by Inspector Naveen Jhalta were on petrolling duty at place Dohri Deewar (Solan). At about 12.20 A.M. (midnight) they saw a person, who was having a carry bag in his right hand, coming from left side of the road. On seeing the police party, the person got perplexed and when the police asked him to stop, he tried to run away from the spot. However, the police party has managed to nab him. Immediately after nabbing him, the police has stopped a vehicle bearing registration No. HP59-0538, which was being driven by Bhupender Jaggi and associated him as a witness in the present case. The police has also stopped other vehicles, however, no one was ready to become a witness in the case. Accordingly, Bhupender Jaggi and HC Virender Kumar were made witnesses in the case. In presence of these witnesses, the person disclosed his name as Digvijay Singh and when his bag was got checked, it was found containing a hanky, a Vivo mobile phone, a driving license and a polythene envelope. When the knot of said polythene envelope was untied, it was found containing Grey coloured substance, which was heroin/chitta. On weighment, the recovered contraband was found to be 19.72 grams. The police completed all the codal formalities on the spot and sent a rukka to police station for registration of FIR. Consequently, FIR No. 216/2019, dated 10.10.2019, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act came to be registered against the petitioner.