MANOJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 16/2021, dtd. 24/2/2021, registered at Police Station Swarghat, District Bilaspur, Himachal Pradesh, under Ss. 20 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short "ND&PS Act").

(2.) Petitioner has approached this Court for the grant of bail under Sec. 439 of the Code of Criminal Procedure in the above noted case, on the grounds that the petitioner is innocent and has nothing to do with the case. Petitioner is stated to be a young person of 30 years, having no criminal antecedents. It is submitted on behalf of the petitioner that he is a businessman and had a Fast Food business at Model Town Rohtak. He was also running his business at Kasol in District Kullu, H.P. under the name and style of " Daily Chap and Kathiroll". Earlier co-accused Vikas @ Vicky and Hitesh were running the said business from whom petitioner had taken over the same. It is further submitted that there is no legal evidence to connect the petitioner with the alleged crime. Simply because he has business dealings with co-accused Vikas @ Vicky and Hitesh, he can not be said to be a partner in crime, if any, with them. Petitioner has undertaken to abide by all the conditions as may be imposed against him. He has also undertaken not to make any threat, promise or inducement to the prosecution witnesses.

(3.) The respondent-State has filed status reports from time to time during the pendency of the instant petition. As per the case of the respondent-State, on 24/2/2021, police party had laid 'Nakka' near 'Thakur Bhojnalya', Baner, District Bilaspur, H.P. A car with registration No. HP49-2697(i-20) approached from the Bilaspur side, which was stopped for checking. The driver of the car got perplexed on noticing police party. Tek Ram was the Driver of the car and another person named Bobby Sharma was sitting besides him on the front seat. Independent witnesses were associated. Car was checked and charas weighing 1 kg 790 grams was recovered. During interrogation, accused Tek Ram and Bobby Sharma disclosed that they were carrying the contraband on the asking of Vikas @ Vicky and Hitesh, who had engaged them to transport the same beyond the Borders of Himachal Pradesh, in lieu of Rs.20,000.00. It was also disclosed that both these persons (Vikas @ Vicky and Hitesh) had travelled in advance in their vehicle No. DL-8CNA-7974 and were scheduled to meet them near Toll Plaza beyond place known as Garamoura. On this information, Vikas @ Vicky and Hitesh alongwith vehicle No. DL-8CNA-7974, were apprehended near Garamoura, Toll Barrier. All the accused persons were formally arrested after completion of preliminary investigation.