PRADEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Code of Criminal Procedure for releasing the Petitioner on bail in FIR No. 15 of 2011 dated 25.06.2011, registered at Police Station, CID, Bharari, Shimla, under Sections 20 and 29 of the Narcotic and Psychotropic Substances Act, 1985 ( for short 'Act ').

(2.) THE learned Counsel for the Petitioner has submitted that Petitioner has been falsely implicated in the case. The Petitioner is owner of taxi and drives the same himself. The taxi was hired by one Sandeep Kumar, who has a shop near Bemloe, Shimla. The Petitioner took his taxi to the place as per direction of Sandeep Kumar.

(3.) THE Petitioner is to look after the entire family. The wife of the Petitioner is expecting and her expected date of delivery is 10.08.2011. No. recovery is to be made from the Petitioner. The Petitioner earlier filed bail application which has been dismissed on 26.07.2011 by learned Special Judge, FTC, Shimla. The learned Counsel for the Petitioner has relied Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. (2011) 1 SCC 694 and has submitted for releasing the Petitioner on bail.