SATVIR 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. 228 of 2021, dtd. 4/10/2021, under Sec. 20/29/61-85 of the Narcotic Drugs & Psychotropic Substances Act (in short 'Act'), registered at Police Station Baddi, District Solan, 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 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 the petitioner behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 4/10/2021 Inspector Mahinder Singh along with his team was on patrolling duty at Manpura. At around 6:00 pm, when they are at Bhud Bus Stand, they received a secret information to the effect that petitioner, herein, is involved in the business of selling psychotropic pills illegally. The petitioner has worn a white t-shirt and blue jeans and has a polythene envelop in his hand. If the search of the petitioner is conducted, huge quantity of psychotropic can be recovered. On being asked, the boy divulged his name as Satvir Singh alias Keshav (petitioner herein). As the police had suspicion that the petitioner might be transporting some contraband, police checked the box and found 60 strips i.e. 60 x 95 = 5700 LOMOTIL pills. Thereafter, the police completed all the codal formalities. Statements of the witnesses were recorded, spot map was prepared and the petitioner was arrested. On being chemically tested, the recovered substance was found to be Diphenoxylate hydrochloride salt of 14.25 GM. Since the bail petitioner failed to produce valid licence/permit to keep the aforesaid drugs, police after completion of necessary codal formalities registered case under Sec. 20/29/61-85 of the Act against the bail petitioner. Thereafter the petitioner was remanded into judicial custody on 9/10/2021 and since then he is behind the bars.