BALAK RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No.132 of 2021 dtd. 5/8/2021 at Police Station, Aut, District Mandi, H.P. under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"). Petitioner is in custody since 9/8/2021.

(2.) Petitioner has approached this Court for grant of bail, in above noted case, under Sec. 439 Cr. P.C., on the grounds that he is innocent and has committed no offence. His implication in the case is without any evidence. As per petitioner, there is no link between the petitioner and the alleged main accused from whom the contraband has been recovered. Petitioner has been implicated in the case with the aid of Sec. 29 of the NDPS Act. In case the petitioner is released on bail, he will not tamper with the prosecution evidence. Petitioner has undertaken that he will attend the proceedings before the learned trial Court on each and every date. It is further undertaken by petitioner that he will abide by all the terms and conditions as may be imposed against him. Petitioner has also sought the bail on the ground of parity, as the other co-accused are stated to have been released on bail. Petitioner has also pleaded his family circumstances as one of the grounds for taking lenient view against him.

(3.) In response, the status report has been filed. It is stated that on 5/8/2021, the police officials of Police Station, Aut, District Mandi were on routine patrol. At about 4.25 p.m., they noticed one Nano Car bearing Registration No. HP-33C-7695 parked on Tahula link road near 'Shalla- Nallah Tahula Link'. It was noticed that two persons were sitting in the car and on noticing the presence of police, one of them ran towards the cliff and the other remained sitting in the car. Suspicion was entertained. Independent witnesses were associated and on search of vehicle No. HP-33C-7695, 3.501 Kg. Charas was recovered. Seizure procedure was conducted. Preliminary investigations were conducted. Rukka was sent to the Police Station on the basis of which FIR No. 132 of 2021 was registered. The occupant sitting in the car was found to be a juvenile, who on interrogation disclosed that the person, who had fled away from the scene was his father, Balak Ram i.e. the petitioner. It is stated that the petitioner had fled away from the scene alongwith the keys of the car. On 9/8/2021, the petitioner is stated to have surrendered before the police. Further investigations were carried. Complicity of two other accused namely Vijay Kumar and Mohan Verma was also found. They were also arrested. On chemical analysis, the contraband recovered from the car was found to be Charas. One accused named Harfi Ram is yet to be arrested. The challan is in the process of preparation.