KULDEEP SINGH Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Commercial quantity of 1.073 Kgs of cannabis was allegedly recovered from the petitioner on 19.11.2019. FIR No.274 of 2019 was registered against him on 20.11.2019 at Police Station Nurpur, District Kangra, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). Petitioner was taken into custody on 20.11.2019. He is confined in jail for the last about a year. Through present petition, he seeks enlargement on bail under Section 439 of the Code of Criminal Procedure (Cr.PC in short).

(2.) The bail petition was heard on 19.08.2020, when respondent-State was directed to make available the records of the case. Matter thereafter was heard on 01.09.2020 through video conference and on 02.09.2020 in open Court. During arguments, Sh. N.K. Thakur, learned Senior Counsel appearing for the petitioner, while raising the plea of innocence and false implication of the petitioner, narrated the events of 19.11.2019 as per petitioner's version. The narration implicated those very police personnel, who were members of the patrolling party, which had statedly recovered the contraband from the petitioner.

(3.) Inquiry report in sealed cover has been supplied by Sh. Anil Jaswal, learned Additional Advocate General, which is made part of the Court file. In this detailed inquiry report running into seventy pages, the Superintendent of Police, Kangra at Dharamshala, has thoroughly examined the matter from all angles. Statements of 15 persons, viz.