DALIP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been maintained by the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 99 of 2020, dtd. 31/7/2020, under Sec. 22/61/85 of the ND&PS Act, registered at Police Station Damtal, District Kangra, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of the place, thus neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. Tersely the facts of the case, as emerge from the records, are that on 31/7/2020, at around 1:15 pm, Head Constable Rajesh Kumar along with Constable Sarvesh Kumar was on patrolling duty in connection with detection of cases under the Excise/NDPS, Act. When they reached near Railway/Crossing via Surajpur, they saw a person, who is coming on his motorcycle from Mohtali side and is going towards Surajpur. On seeing the police officials, he turned his motorcycle quickly towards katcha path. On the basis of suspicion, the police party chased and apprehended him.