RAJIV 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.176 of 2019, dated 24.12.2019, under Section 21 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 24.12.2019, the police party was on patrolling duty and had laid a naka at Damtal Indora road near Surajpur, at about 9:10 p.m. one scooty red in colour, bearing registration No.PB07BT-5752, came from Indora side, which was signaled to stop. The police party asked the rider to show the documents of the vehicle. In the meantime, one Jarnail Singh, was also associated a witness and search of the vehicle was carried out and from the dickey of scooty, a polythene packet containing chita or heroin was found. On checking with drug detection kit, it was found to be heroin/chitta. On weighing with the help of digital weighing machine, it was found 8.02 grams. Thereafter, the police completed all the codal formalities. 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 and now the case is listed on 2.9.2020 for checking of copies. 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.