JEET RAM 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. 109/12 dated 27.7.2012, registered at Police Station, Manali, District Kullu, under section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).

(2.) IT has been stated that petitioner has been arrested for commission of offence, under section 21 of the Act. It has been alleged that 10 grams of smack was recovered from him. The petitioner is innocent, he has been falsely implicated in the case. The petitioner earlier moved an application for bail, which has been Whether the reporters of the local papers may be allowed to see the Judgment? Yes dismissed by the learned Special Judge, Kullu on 6.8.2010. The petitioner moved another application for bail, which has been dismissed by learned Special Judge, Fast Track Court, Kullu on 7.9.2012. The courts below have erred in dismissing the bail applications of the petitioner. In the earlier case, the petitioner was acquitted and the acquittal of the petitioner was upheld by the High Court in the judgement dated 29.4.2011. The investigation in the case is complete. The petitioner is ready to furnish bail bonds as per the directions of the court. The submission has been made for releasing the petitioner on bail.

(3.) AS per report of expert the exhibit stated as smack is a sample of Diacetyl morphine (Heroin). It has come in investigation that FIR No. 293/2006 under section 20 of the Act was registered against the petitioner, but he was acquitted. On completion of investigation charge-sheet has been filed. The case is fixed on 15.10.2012 for consideration of charge. The submission has been made for rejection of bail application.