RAM SINGH Vs. NCB

JUDGEMENT

(1.) By way of instant petition filed under Sec. 439 of the Code of Criminal Procedure (Cr.P.C.), the petitioner is seeking bail in case FIR No.74/2022, dtd. 20/10/2022, under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') registered with Narcotics Control Bureau (NCB), Sub Zone Mandi, H.P.

(2.) The prosecution story, in brief, is that a team of NCB received a secret information that two persons, namely, Som Nath and Ram Singh (petitioner herein) were involved in trafficking of charas. On the basis of said information, the NCB Mandi team reached at Bajaura bypass on 20/10/2022 and at about 6:30 am, a white coloured Maruti 800 bearing registration No.PB-07G-2400 came from Bhuntar side, which was stopped by the NCB team and the persons sitting in the said vehicle, i.e. accused persons, were asked to disclose their identity. One person disclosed his name as Som Nath and other as Ram Singh(petitioner herein). After ascertaining their identities, the Investigating Officer tried to associate the persons walking on the road in the proceedings, but they refused and thereafter, the Investigating Officer called Pradhan of Gram Panchayat Hat Bajaura namely Barkat Ali and Ward Member Arun Sharma and associated them as independent witnesses. After that a local mechanic, namely Jogu Ram, was called for opening the parts of the vehicle in the presence of both the accused persons as well as the independent witnesses. During the search, 13 packets wrapped with brown coloured tape were recovered from the front mudguard upper side of tyres, which were containing charas. On weighment, the recovered charas/cannabis was found to be 4.424 Kgs. Thereafter, the police completed all the codal formalities and both the accused persons were arrested.

(3.) The bail application has been filed by the petitioner on the ground that he is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner has contended that the petitioner is in judicial custody since 20/10/2022 and the trial is not going to be completed in near future, therefore, the petitioner deserves to be released on bail, as no fruitful purpose would be served by keeping him behind the bars for an unlimited period.