PRAMOD KUMAR 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. 06/2020, dated 03.02.2020, under Section 21 of Narcotic Drugs and Psychotropic Substances Act (for short "ND & PS Act"), registered in Police Station Puruwala, District Sirmaur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is 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 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. The prosecution story, as emanates from the records, is that on 03.02.2020, around 2:35 p.m., a police party was on routine patrol duty and present at Shyampur, where they got a secret tip-off that the petitioner herein is indulged in the business of illicit drugs and he has kept the same in his house. In case a raid is being conducted, huge amount of drugs can be recovered. As the Court was far away from the place where the raid was to be conducted, the police party did not procure the search warrant, as there was possibility of drugs' being relocated, so, information under Section 42(2) of ND & PS Act was prepared and sent to the quarter concerned. Police associated the independent witnesses, in whose presence the house of the petitioner was got searched. During search, when drawer of dressing table adjoining to bed in the bedroom was opened and checked it was found to have kept hiding transparent polythene bag containing contraband (143 capsules of Parvan Spas Plus, 8 capsules of Pyeeon Spas Plus, 20 tablets of Tramadol and 333 tablets of Alprazolam), qua which, the petitioner has failed to produce any valid permit/licence. Thereafter, all codal formalities were completed and investigation was ensued. Consequently, FIR No. 06/2020, dated 03.02.2020, under Section 21 of ND & PS Act, came to be registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner is involved in a serious offence, and there is every possibility that in case at this stage he is enlarged on bail, he may flee from justice and tamper with the prosecution witnesses.