MANGAL CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Vivek Singh Thakur, J 1. Petitioner has approached this Court seeking regular bail under Sec. 439 Cr.P.C. in case FIR No. 12 of 2021, dtd. 5/2/2021, registered in Police Station Patlikuhal, District Kullu, H.P. under Ss. 20 of Narcotic Drugs and Psychotropic Substances Act (in short "NDPS Act").

(2.) Status Report stands filed, wherein circumstances have been narrated in which petitioner has been arrested on 5/2/2021, for having found in possession of 1164 grams charas in a carry bag, which was thrown by him on seeing Police Officials on Haripur link road in District Kullu.

(3.) Learned counsel for the petitioner submits that prosecution story is highly improbable as according to prosecution story petitioner has been apprehended on a bridge when he threw carry bag which was in his hand, on seeing the Police Party, at 6:30 P.M. in the Month of February, 2021. Whereas in the month of February sun sets at about 6:00 P.M. and as per print out taken from Google Map, on 5/2/2021, time of sun set at relevant place was 5.59 P.M. It has been further stated that in the hilly area it is always dark even before ordinary official time of sun set, as because of mountains sun rises later and sets before the time. Therefore, it has been contended that in the dark it was not possible to the petitioner to notice the Police Party coming in vehicle on the other side of the bridge and, thus, the fact claimed by the prosecution about throwing the bag on seeing the Police Party, is not true. It has been further submitted that neither Police Party was present on the spot at the time claimed in the prosecution story nor petitioner has been intercepted or apprehended at that place but in order to hide their location Police party had switched off their mobile phones as evident from the Call Details Record showing that there is no incoming or outgoing call during that period and thus it can be safely presumed that their phones were not in use since 6:00 P.M. on 5/2/2021 till next morning.