LAWS(HPH)-2023-1-40

KHEM RAJ Vs. UNION OF INDIA

Decided On January 27, 2023
KHEM RAJ Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Applicant-Khem Raj @ Hem Raj has filed the present application under Sec. 439 of the Code of Criminal Procedure (hereinafter referred to as "CrPC"), for releasing him\ on bail, during the pendency of trial, in NCB Crime No. 31 of 2022, dtd. 22/4/2022, registered with Police Station NCB Mandi, District Mandi, H.P., under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act"), on the ground that the case of the prosecution is based upon the imaginary story, as, there is nothing on the record, to connect the applicant, with the commission of the offence, for which, he has been arrested, in this case.

(2.) According to the applicant, he is an innocent person and has falsely been implicated, in this case, as, no iota of evidence could be collected by the investigating agency against him, in this case.

(3.) The investigation, in the case, is stated to be completed. It is contended that the report under Sec. 172 (2) of the CrPC has already been presented in the competent Court of law and the trial against the applicant will take sufficient long time, as such, no useful purpose would be served by keeping the applicant, in judicial custody for indefinite time.