LAWS(HPH)-2012-7-90

SONI KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On July 10, 2012
SONI KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.47/2012 dated 08.05.2012, registered at Police Station, Tissa, District Chamba, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act ( for short 'Act').

(2.) IT has been stated that petitioner has been falsely implicated in the above case. The petitioner is innocent, he has committed no offence. The petitioner filed an application Whether reporters of Local Papers may be allowed to see the Judgment ?Yes under Section 439 Cr.P.C. which has been wrongly rejected by learned Special Judge, Chamba, on 02.06.2012. The submission has been made for releasing the petitioner on bail.

(3.) ON inquiry, one person disclosed his name Soni and other Ajay Kumar. The place was isolated. There was no 'abadi' within two kilometres, no independent witness was available. Both the persons agreed to be searched by police and on search 600 grams 'Charas' was recovered from Soni and 400 grams 'Charas' was recovered from Ajay Kumar. The sampling and sealing were done on the spot.