TARA CHAND 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, for grant of bail in case FIR No. 203/2020, dtd. 27/8/2020, under Ss. 20 and 29 of the NDPS 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. Further, he is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No purpose would be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 27/8/2020, police party were on patrolling duty. Around 4:00 P.M., a vehicle, bearing Registration No. HP06C'3536, came from Kufri side, which was signaled to stop. The person, who was driving the vehicle stopped his vehicle and disclosed his name as Sunil Kumar. However, when he was further inquired by the police, he got perplexed and could not give satisfactory answer, which raised doubt qua that person. Accordingly, the police associated two independent witnesses from the spot and checked the vehicle of the person. When the police opened the boot of the car, they saw two bags, one was containing clothes and in another, besides clothes, two packets, wrapped with white colour tape were found. The police cut the tape of the packets and opened the same. On opening the packets, black coloured substance in round shape was found, which on the basis of experience, was found to be charas. On weighment, the recovered contraband was 2.089 Kgs. Consequently, FIR No. 203/2020, dtd. 27/8/2020, under the apt Ss. of NDPS Act came to be registered. Thereafter, the police completed all the codal formalities and arrested Sunil Kumar. During the course of interrogation, Sunil Kumar disclosed that he was coming to Shimla to sell the recovered charas and the vehicle in which he was carrying charas belongs to one Abhay Roach. During investigation, Abhay Roach has disclosed that he and Sunil Kumar have studied from Shoolini University and are friends and this was the reason that he gave his car to Sunil Kumar. However, he is not aware that he is involved in selling charas. During further interrogation, Sunil Kumar disclosed that he purchased the aforesaid contraband from Tara Chand (petitioner herein). Thereafter, police procured the CDR of the mobiles of accused Sunil Kumar and that of the petitioner and it was found that accused Sunil Kumar and the petitioner were constantly in touch with each other from 1/1/2020 to 26/8/2020. The mobile number used by accused Sunil Kumar was found to be registered in the name of one Tamanna, who disclosed that she and accused Sunil Kumar were friends when they were in Shoolini University and in the year 2015, Sunil Kumar took Aadhar Card and Ration Card from Tamanna and got a SIM Card. On 7/10/2020, the police arrested the petitioner and he identified the place, i.e. Dghoot, where he sold the charas to accused Sunil Kumar. Tower location of both the accused persons were found at place Dghoot. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence and commercial quantity of charas was recovered from the co' accused, which was sold to him by the petitioner and there is every possibility that in case at this stage he is enlarged on bail, he may flee from justice or tamper with the prosecution evidence.