SANDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure for grant of bail, in the event of his arrest, in case FIR No. 21 of 2021, dated 09.02.2021, under Section 21-61-85 of ND & PS Act, registered at Police Station Damtal, District Kangra, H.P.

(2.) As per the petitioner, he 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, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 09.02.2021, a police team was on routine patrol duty and at about 03:50 p.m was present at place known as Toki Excise Barrier, where the team got a secret tip-off that one Sandeep Kumar @ Happy (petitioner herein), who is resident of Jalandhar and brother-in-law of Rakesh Kumar (local resident), alongwith his family, coming to Channi village from Mukerian and has narcotics. At about 4:20 p.m. a vehicle, having registration No. HP97-4496, speedily crossed the barrier, so the police started chasing it, however, the driver of the vehicle took a slew towards Mukerian. The driver of the above vehicle drove to a tourist lodge and after stopping the vehicle, he jumped over a wall and ran away. Police found a girl sitting in the vehicle and pursuit for the driver began, however, despite extensive efforts he could not nabbed. On being inquired, the girl sitting in the vehicle divulged her name as Bharti, resident of Haryana and she disclosed that the Sandeep Kumar @ Happy (driver of the vehicle) is her friend. She further disclosed that she had accompanied the petitioner from Jalandhar and they were going to village Channi, but on seeing police the petitioner fled away. Thereafter, in presence of the independent witnesses, the vehicle was searched and a transparent envelop, stuffed with some brownish substance, was recovered. The recovered substance was checked through drug detection kit and found to be heroin, which weighed 53 grams. Thereafter, the police completed all the codal formalities. Statements of the witnesses were recorded, spot map was prepared and a case under the apt section of ND & PS Act was registered. Co-accused Bharti was arrested and medically examined. The recovered contraband, on being chemically tested, found to be sample of Diacetyl morphine (heroin). During the course of investigation, it was unearthed that co-accused Bharti has hand in glove with the petitioner and she knew that contraband is being transported by the petitioner. It has further come in the investigation earlier also co-accused Bharti had association with the petitioner and they were dealing in drugs together. As per the police, five more cases have been registered against the accused and out of five cases four cases are under the ND & PS Act. The petitioner is very clever person and he is habitual offender and spreading the menace of drugs in the society. The custody of the petitioner is required for ascertaining the real source of the narcotics and for further investigation. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner is resident of Haryana, thus in a position to flee from justice or tamper with the prosecution evidence, he is very clever person and a habitual offender, as four more cases under the ND & PS Act have been registered against him, so in case the petitioner, at this stage, is enlarged on bail, he may jump over the bail. Moreover, his custody is required for ascertaining the real source of the narcotics.