KHEKH RAM 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. 144 of 2020, dated 14.09.2020, under Sections 20, 25 and 29 of the ND&PS Act, registered at Police Station Palampur, District Kangra, 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of District Kullu, H.P. 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. As per the prosecution story, on 14.09.2020, at about 01:50 p.m. a police team was present at Holta Main Road, where the police got a secret tip-off one Khekh Ram (petitioner herein) accompanied by some woman has come to the area in vehicle, bearing registration No. HP34B 8583. The police was further informed that the petitioner and the above woman intend to sell charas. Around 02:10 p.m. police spotted the above said vehicle parked near Holta Pantehar Patti Road. There were two occupants in the vehicle, one male and a female, who, on seeing police turned perplex. On being inquired, the man sitting in the vehicle divulged his name as Khekh Ram (petitioner) and the woman disclosed her name as Purva (co-accused). Police associated independent witnesses and in their presence conducted the search of the vehicle. Police during the search of the vehicle recovered two polythene packets from the dashboard of the car and the said packets contained round shaped stuff, which was charas. On weighment, the recovered contraband was found to be 560 grams. Thereafter, the police completed all the codal formalities. Police seized the vehicle alongwith its documents and key. Both the petitioner and the co-accused were arrested and medically examined. Police recorded the statements of the witnesses and also prepared the spot map. During the course of investigation, it was unearthed that the petitioner purchased the contraband from an unknown Nepali person at Malana and he alongwith co-accused wanted to sell the same in the area of Mecklod Gunj, Dharamshala. The recovered contraband was sent for forensic examination and the forensic examination report reveals that the recovered material is the extract of cannabis and thus sample of charas. It has further come in the police investigation, that many more cases are pending against the petitioner and some of them are under the ND&PS Act, so the petitioner is a habitual offender. As per the police, investigation is complete and on 10.11.2020 challan stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence, there is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice or tamper with the prosecution witnesses, as the petitioner is a habitual offender, so the bail application of the petitioner be dismissed.