VIJAY KUMAR 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.125 of 2020, dated 27.8.2020, under Sections 15-61-85 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station, Damtal, District Kangra, 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 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 27.8.2020, police party were on patrolling duty, in a Government vehicle bearing registration No.HP-68-A-2916, being driven by Constable Bhaskar Parashar, when they reached near Toki barrier at Jindadi link road, a person riding on a scooty came from National Highway side towards Jindari side. On seeing the police vehicle, the scooty rider starting turning the same towards village Toki on Katcha road, since the road was congested, so he could not turn the vehicle. The police official asked the scooty rider for turning the vehicle, neither he could not give any satisfactory reply nor he could produce any documents of the vehicle. On further inquiry, about the carry bag kept by the petitioner near the dicky of his scooty bearing registration No.HP-38F-8499, he could not give any satisfactory reply. However, he got perplexed and told that it contained house hold items. On opening of the carry bag, a polythene bag containing poppy husk was found in it. On checking with drug detection kit, it was found to be 1 kg. 730 grams of poppy husk. Thereafter, the police completed all the codal formalities and the case property was sent to RFSL, Junga, for chemical examination and as per the report, "the exhibit stated as Chura post, is a sample of poppy straw". Police made the relevant recoveries, prepared the spot map and recorded the statements of the witnesses. The petitioner was arrested. As per the police, after completion of investigation challan was presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence, he is dealing in narcotics and there is every possibility that in case at this stage he is enlarged on bail, he may flee from justice and tamper with the prosecution witnesses.