JEET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case registered vide FIR No.204 of 2019 dtd. 29/9/2019 Registered at Police Station, Bhuntar District Kullu, Himachal Pradesh under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). Petitioner was arrested in the above noted case on 6/10/2019 and is in custody since then.

(2.) Petitioner is seeking his release on bail in above noted case under Sec. 439 Cr.P.C. on the premise that his implication is false. Since, he has been arrayed as an accused with the aid of Sec. 29 of the Narcotic Drugs and Psychotropic Substances (for short NDPS) Act, rigors of Sec. 37 would not apply especially when nothing was recovered from the possession of petitioner. The alleged disclosure by co-accused cannot be used against him. Conspiracy cannot be inferred from alleged telephone calls. There is no legal evidence against the petitioner. The mobile number alleged to be used by petitioner, in fact, did not belong to him.

(3.) It has further been contended on behalf of the petitioner that he is permanent resident of Village Chhaky, Post office, Nagar Tehsil Sadar, District Kullu, Himachal Pradesh and has roots in the society. There is no likelihood of petitioner absconding from course of justice. He undertakes to abide by all the conditions as may be imposed. The petitioner has also relied upon statement of his brother Sh. Dharam Chand recorded in the case as PW-1 by learned Special Judge on 1/9/2021.