NASEEB MOHAMMAD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Code of Criminal Procedure for releasing the applicant on bail in FIR No. 5 of 2011, registered at Police Station, Theog on 07.01.2011 under Sections 18, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. The Status report has been filed, record perused.

(2.) IT has been stated by the learned Counsel for the applicant that the applicant was arrested by the police on 07.01.2011 in FIR No. 5 of 2011 of Police Station, Theog. According to the applicant, as per police on the intervening night of 6/7.1.2011, the applicant along with other co -accused was found in possession of 1Kg 400 gms of opium which was being carried by them in a vehicle without licence and permit. It has been stated that applicant is innocent, he has been falsely implicated in the case. The applicant was simply asked by other co -accused to accompany them to Narkanda side for touring. No. opium was, in fact, recovered from the applicant as alleged by the police.

(3.) THE bail application has been opposed by the learned Additional Advocate General. It has been submitted that on the basis of the disclosure statement of applicant, another 100 grams of opium has been recovered from his residence at Nalagarh. The applicant is involved in another case at Fatehgarh -Punjab in FIR No. 47/2010 dated 18.09.2010 under Section 18 of Narcotic Drugs and Psychotropic Substances Act and he remained in jail for 49 days and his case is pending in the Court. It has been stated in the status report that in case the applicant is released on bail, he is likely to commit the offence under the Narcotic Drugs and Psychotropic Substances Act and terrorize the prosecution witnesses.