JASWINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 159 of 2020, dtd. 31/5/2020, registered at Police Station, Haroli, District Una, H.P. under Ss. 8 ( C), 15, 25, 27-A, 29- 61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). The petitioner is in custody since 1/6/2020.

(2.) Petitioner has approached this Court for grant of bail under Sec. 439 Cr.P.C. in the above noted case. It has been contended on behalf of the petitioner that he is innocent and has been falsely implicated. The contraband though allegedly was seized from Truck No. HP 78-6029, belonging to petitioner, but the petitioner had no knowledge about the contraband being carried in his truck. It has also been submitted that after completion of investigation, the challan has been filed and the matter is pending adjudication before learned trial Court. Further, the case of petitioner is that his niece is going to be married on 21/22/1/2022, where his presence is necessary, being maternal uncle/mama. As per petitioner, he belongs to a respectable family of the area and he will abide by all the terms and conditions, as may be imposed against him. No recovery is left to be made from the petitioner. Petitioner has further undertaken not to flee from course of justice.

(3.) The respondent has contested the prayer of the petitioner and has opposed the application on the grounds that the petitioner is involved in an offence of very serious nature. Total 1733.500 kg poppy husk was recovered and seized from the truck belonging to petitioner. As per the case of respondent, petitioner was present at spot along with the truck, immediately before the seizure of contraband and had fled the scene on noticing the police party. Petitioner, however, was seen while fleeing from the spot by one of the police official, who later identified the petitioner, as the same person in a duly held test identification parade. It has also been alleged that the petitioner along with his nephew, co- accused Deepak @ Deepa had brought and transported the contraband from Kashmir.