SATNAM SINGH S/O SH. KARTAR SINGH, CASTE JAT, R/O VILLAGE HEERA, TEHSIL HAROLI, DISTRICT UNA, H.P. (PRESENTLY LODGED IN SUB JAIL, UNA, H.P.) Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 92/12 dated 2.5.2012, registered at Police Station Haroli, District Una, H.P. under section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).

(2.) The allegation against the petitioner is that on 2.5.2012 at about 3.25 a.m., the truck PB -30C -3237 was checked by the police party in Kuthar Beet area, six sacks of poppy husk were found in the truck. The petitioner was not present at the scene nor he had any connection with the truck or alleged contraband.

(3.) THE petitioner has committed no offence. He has been falsely implicated in the case. The petitioner has been recently acquitted in a case of poppy husk where the quantity was more than two quintals. The petitioner has been falsely implicated by the police in other cases also. The petitioner is in jail for the last about six months. The petitioner has two sons, a wife and aged parents to look after. The family of the petitioner is virtually at the verge of starvation. The petitioner is ready to furnish the bail bonds. The submission has been made for releasing the petitioner on bail. The petitioner moved an application for releasing him on bail, but that was dismissed by the learned Special Judge, FTC, Una on 20.7.2012.