GOVERDHAN 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, for grant of bail in case FIR No. 300/2021, dtd. 25/9/2021, under Sec. 20 of the ND and PS Act, registered at Police Station Balh, District Mandi, 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and 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 25/9/2021, around 1:45 a.m., police received a secret information that one Goverdhan Singh (petitioner herein) is coming towards Mandi via Nerchowk Road in his car, bearing registration No. HP-65B-7979, carrying cannabis and if his car is stopped and checked, huge quantity of cannabis can be recovered. Accordingly, police party laid a nakka and around 2:20 p.m., a car of the petitioner was seen coming from Nerchowk side, which was signaled to be stopped. Thereafter, the police associated independent witnesses and in their presence the petitioner was made aware about his rights regarding search. The police started searching the vehicle and when they checked underneath the driver seat, they found three bags. When the bags were opened and checked, a black coloured substance in the shape of sticks was found, which on smelling was found to be charas/cannabis. On weighment, the recovered contraband was 2.190 Kg. Thereafter, the police completed all the codal formalities and arrested the petitioner. Consequently, FIR No. 300/2021, dtd. 25/9/2021, under Sec. 20 of the ND and PS Act came to be registered against the petitioner. During the course of investigation the petitioner disclosed that he has purchased the contraband from one Mool Bahadur and was going to sell the same at Pathankot. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence and huge quantity of charas was recovered from his possession 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.