QUARBAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C., for releasing the petitioner on bail in FIR No.338/2011 dated 24.10.2011 registered at Police Station, Paonta Sahib, District Sirmour, under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).

(2.) It has been stated that petitioner is innocent, he has been falsely implicated in the case on the basis of suspicion and on the allegation that 12 Kg. poppy husk has been recovered from the vehicle of the petitioner on 23.10.2011. It has been stated that said vehicle at the relevant time was with one Madan Gopal as the petitioner at that time was at village Laharpur, District Yamuna Nagar, Haryana. The petitioner has left for Laharpur on 21.10.2011, he fell ill there due to kidney problem. Later on, the petitioner came to know that he has been implicated in the above case.

(3.) THE petitioner is innocent, he has committed no offence much less an offence under section 15 of the Act. The petitioner filed bail application, which has been rejected by learned Special Judge No. 2, Sirmour District at Nahan on 1.12.2011. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail, under section 438 Cr.P.C.