CHET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 16 of 2020, dated 21.01.2020, under Section 20 of the ND&PS Act and Section 39(1)A of the HP Excise Act, registered in Police Station Rampur, District Shimla, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of the place and neither in a position to tamper with the Whether reporters of Local Papers may be allowed to see the judgment? Yes. prosecution evidence nor in a position to flee from justice. 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 21.01.2020, upon receipt of rukka, a case was registered in Police Station Rampur. As per the rukka, a police team was on routine patrol duty at place Besdi. Police got a secret tipoff that the petitioner used to sell liquor and charas in his shop. Acting upon the secret tipoff, police associated two independent witnesses and raided the khokha (kiosk) of the petitioner and recovered three bottles of country made liquor and some blackish substance wrapped in a polythene packet. Police also recovered a small bottle of Indian made foreign liquor. The recovered blackish substance was found to be charas and on weighment it was 162 grams. Thereafter, the police completed all the codal formalities. Police prepared the spot map and recorded the statements of the witnesses. Rukka was sent to police station, whereupon a case against the petitioner was registered. The petitioner was arrested and the recovered contraband was sent for forensic analysis. Upon being chemically tested the recovered substance was found to be charas. During the course of interrogation the petitioner divulged that he is habitual of consuming charas and he has purchased the same from some unknown boy for self consumption. Lastly, it is prayed that in case the petitioner, at this stage, is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Petitioner was found involved in a serious crime, so his bail application may be dismissed.