LOKENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No.68 of 2022, dtd. 22/5/2022, under Ss. 21, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Dhalli, District Shimla, 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 and 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. Succinctly, the prosecution story, as emanates from the records that on 22/5/2022, around 5:45 p.m. a police team was on routine patrolling duty near Bhattakufar, where they received a secret tip-off that one vehicle bearing registration No.HP-06B-3680 (Grand i10) of white colour in which two boys, namely, Lokender Singh (petitioner herein) and Abhishek Mehta were going from Shimla towards Rampur side having heroine and if their vehicle is checked then, heroine/chitta can be recovered from them. Acting upon the secret tip-off, police associated independent witnesses and reached at the spot, where the petitioner and Abhishek Mehta were present. Thereafter, the personal search of the petitioner and Abhishek Metha was searched and found that one plastic white envelope was recovered, which contained some substance, which, on being examined through Drug Detection Kit, was found to be heroin, weighing 16.22 grams. Thereafter, all the codal formalities were completed. Police prepared the spot map and arrested the petitioner.