SACHIN CHANDEL 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. 107 of 2019, dated 15.05.2019, under Section 21 of the ND&PS Act, registered in Police Station Sadar Bilaspur, District Bilaspur, 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 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 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 15.05.2019 a police team was on routine patrol duty near Chehri (Chadol) and at about 05:35 p.m. a bus of Haryana Roadways came from Bilaspur side and it was stopped for checking. Thereafter, the police starting the checking the bus and the person sitting on seat number 52, on seeing police, got perplexed and tried to hide a bag. On being asked, he disclosed his name as Sachin Chandel (petitioner herein) and the police found a white carry bag from the seat where he was sitting. The said carry bag on being checked was found containing some substance, which was heroin. On weighment, the contraband was found to be 26.66 grams. Thereafter, the police completed all the codal formalities. A case under the apt section of the ND&PS Act was registered and the petitioner was arrested. Police prepared the spot map and recorded the statements of the witnesses. The petitioner divulged that he is driver and he purchased the contraband from some unknown person at Chandigarh. The petitioner was medically examined. The contraband, on being chemically examined, was found to be diacetylemorphine (heroin). During the further investigation it was found that four more criminal cases have been registered against the petitioner, including a case registered under Section 21 of the ND&PS Act. As per the police on 12.07.2019 challan stands presented in the learned Trial Court.