NAZIR KHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused of offence under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), in case FIR No. 62 of 2021 dtd. 31/5/2021, registered at Police Station Puruwala, Tehsil Paonta Sahib, District Sirmour, H.P. Petitioner is in custody since 6/6/2021.

(2.) Petitioner has approached this Court for grant of bail under Sec. 439 Cr.P.C. in above noted case on the grounds that petitioner is in custody since long. His wife is pregnant and is under observation and medical check-up at Civil Hospital, Paonta Sahib, District Sirmour, H.P. The trial in the case is likely to consume long period of time. The delay in trial will adversely affect his future prospects. It has further been contended on behalf of the petitioner that he is not involved in the alleged offence. He has been falsely implicated with the aid of Sec. 29 of the Act only on the basis of statement of co-accused recorded under Sec. 67 of the Act. As per petitioner, the statement so recorded cannot be used as a legal piece of evidence against him. The allegations against the petitioner are false. Petitioner has no past criminal history. The investigation of the case is already completed. He is ready to abide by all conditions as may be imposed against him. He shall not abscond from the course of justice and shall ensure regular presence for the purpose of trial.

(3.) In reply, the respondent has placed on record status report. It is stated that on 31/5/2021, at about 3.25 A.M. a Truck bearing No. HP-17E-8213 enrouted from Paonta Sahib to Shirpur was apprehended by the police party near place Bangaran on the basis of a secret information after complying with the requirement of Sec. 42 of the Act. The truck was being driven by one Usuf Ali and was occupied by two other persons named Kadar Ali and Tauhid Ali. On search of the vehicle, total 303.056 k.g. of Ganja was recovered and seized. The occupants of the vehicle were arrested. During investigation one of the accused Tauhid Ali disclosed to the police on 6/6/2021 that a few days earlier, he had handed over 8 packets of Ganja to the present bail petitioner and on such information, the bail petitioner was arrested on 6/6/2021. While in police custody, petitioner made a disclosure statement under Sec. 27 of the Indian Evidence Act and consequently got recovered 8 packets of Ganja, total weighing 81.635 k.g. The police also stated to have discovered during investigation that the contraband was smuggled by co-accused Usuf Ali and Kedar Ali from Jarabad (Gauhati). Total contraband seized by the police in present case is 425.635 k.g. of Ganja.