ANSHUL Vs. STATE OF H.P.

JUDGEMENT

(1.) The present bail application under Sec. 439 of the Code of Criminal Procedure has been maintained by the petitioner for grant of bail in case FIR No. 21/2022, dtd. 28/1/2022, under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station Aut, 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. No fruitful purpose will 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 28/1/2022, a police had laid a nakka to check the vehicles. Around 1:10 p.m., a Volvo Bus, bearing No. HR 38Z- 2000, came from the Mandi side, which was signaled to stop. The police associated persons namely Anuj and Mukesh Kumar, passengers of the said bus, as independent witnesses. While checking the luggages of the passengers of bus, when police reached near last seat, a person sitting there threw a packet away from him and put his jacket on the other seat. When police picked that packet up and checked the same, on the basis of experience, they found that it was containing chitta (heroin). On asking, the person disclosed his name as Anshul (petitioner herein). Thereafter, the police checked his jacket and found some more plastic packets containing chitta and Insulin Syringes. On weighment, the recovered contraband was found to be 28 grams with packets. Thereafter, the police completed all the codal formalities and rukka was sent to police station for registration of FIR. Police registered a case under the relevant Ss. of ND&PS Act and the petitioner was arrested. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and there is possibility that in case at this stage he is enlarged on bail, he may flee from justice or tamper with the prosecution evidence.