PANKAJ KALTA 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. 20 of 2020, dated 13.02.2020, under Sections 20 and 29 of the ND&PS Act, registered in 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. The petitioner is permanent resident of District Shimla 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 13.02.2020 a police team was on patrol duty at Solan in civil clothes. At about 12.40 a.m., in the night, at Saproon police spotted a pickup and the inside lights of the vehicle were lit. There were three occupants in the vehicle and when they were asked why in the mid night they are sitting in the vehicle, they got baffled. On suspicion, police inquired about their whereabouts and the occupants disclosed their names. The petitioner disclosed his name as Pankaj Kalta. Police tried to associate independent witnesses, but due to late night hours no one could be associated. Thereafter, the police conducted search of the vehicle and found a bag of one of the persons. The said bag contained some stick shaped substance, which was charas. On weighment, the contraband was found to be 712 grams. Thereafter, the police completed all the codal formalities. The vehicle alongwith its documents was seized. A case was registered under the apt Sections of ND&PS Act. Statements of the witnesses were recorded and contraband was sent for chemical analysis. Accused persons, including the petitioner, were arrested. During the course of investigation, the accused persons divulged that they purchased the charas from some unknown nepali person. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.