PANNA LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused of offence under Ss. 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), in case FIR No. 5 of 2021 dtd. 10/1/2021, registered at Police Station, Aut, District Mandi, H.P. The petitioner is in custody since 13/2/2021.

(2.) Petitioner has approached this Court by filing petition under Sec. 439 Cr.P.C. for grant of bail in above noted case on the grounds that he is innocent and has been falsely implicated in the case. Petitioner has been made accused on the basis of concocted story and there is no legal evidence, connecting him with the alleged offence. No recovery has been effected from him. Petitioner is permanent resident of Village Jestha, Post Office Thela, Tehsil Bhunter, District Kullu, Himachal Pradesh and has roots in society. In case petitioner is released on bail, he shall not flee from the course of justice and will not jump the bail in any eventuality. Petitioner is ready and willing to abide by any condition, as may be imposed against him. He is not accused in any offence in the past.

(3.) In response, the respondent-State has filed status report. It is stated that on 10/1/2021, at about 7.00 A.M., the policy party had laid a Naka at Panarsa-Dalasni Road and at about 7.10 A.M. a vehicle bearing No. PH-48D-3171 came from the side of Dalasni Bridge towards Panarsa. The vehicle was stopped at the instance of police. The vehicle was occupied by two persons named Sandeep Kumar and Naveen Kumar. During search of the vehicle, 2.405 k.g. charas was recovered from the engine cabin of the vehicle. The occupants of the vehicle were arrested. During investigation, the occupants of the vehicle allegedly named petitioner to be the person from whom they had purchased the recovered contraband. As per status report, the Investigating Officer, during investigation, procured CDRs and CAF of the Mobile Numbers belonging to said Sandeep Kumar and petitioner. The mobile numbers alleged to be belonging to petitioner are 78763-71235 and 98059-32675. On the basis of aforesaid evidence, petitioner was apprehended and arrested.