DHANPAL SINGH 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. 7 of 2020, dated 10.01.2020, under Sections 20 and 29 of the ND&PS Act, registered in Police Station Shahpur, 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. The petitioner is 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 10.01.2020 a police team had laid a naka at Chambi Mod for checking the vehicles. At about 05:15 p.m. 10-12 vehicles were stopped for checking and in the interregnum a person was spotted walking hastily. On suspicion, the said person was nabbed and he was perplexed. Police associated independent witnesses and in their presence the said person disclosed his name as Ankit, resident of Muzafarpur, U.P. He was carrying a bag, which, on being checked, found containing capsules Spasmo Proxivon Plus. Total 30 strips, each having 24 capsules, and in total 720 capsules were recovered. Thereafter, the police completed all the codal formalities. The capsules were taken into possession. Police prepared the spot map and recorded the statements of the witnesses. A case under the apt Sections of ND&PS Act was registered and the investigation ensued. The accused was arrested and during the course of interrogation he divulged that he purchased the contraband from a Pharmacy at Meerut, U.P. Upon the identification of the accused, police visited the said Pharmacy and found the petitioner there. The petitioner was arrested. The investigation reveals that the petitioner and accused Ankit were in touch with each other through mobile phones. Police also found money transaction between the petitioner and accused Ankit. As per the police, the petitioner is involved in selling prohibited drugs for his profit and thereby spreading the menace of drugs in the society. 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, as he is resident of U.P., so the bail application of the petitioner be dismissed.