PARVEEN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking the pre-arrest bail. It has been asserted that the Police have registered an FIR no. 335 of 2023 dtd. 18/10/2023 against the petitioner for the commission of offences punishable under Ss. 18, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') in Police Station Sadar, Tehsil and District Una. The petitioner is innocent and he was falsely implicated. The petitioner has nothing to do with the commission of the offences. The petitioner was hired by the main accused as a driver saying that he had some urgent work at Tanakpur. The name of the petitioner was disclosed by the main accused during the investigation and there is a reasonable apprehension that the Police would arrest the petitioner. The petitioner would abide by all the terms and conditions, which may be imposed by the Court. Therefore, it was prayed that the petition be allowed and the petitioner be released on pre-arrest bail.

(2.) The petition was opposed by filing a status report, asserting that the Police party was on patrolling duty on 18. 10.2023 when a secret information was received that Kulbhushan had concealed a huge quantity of opium and charas and in case of search of his shanties, huge quantity of charas would be recovered. The information was reduced to writing under Sec. 42(2) of the ND&PS Act and was sent to the Additional Superintendent of Police. The Police associated Parveen Kumar alias Pamma and Raju and searched the shanties in their presence. One kit containing 509 grams of charas and 1.30 kilograms of opium was recovered. The opium and charas were seized. Kulbhushan was arrested. The Police also searched a vehicle bearing registration no. HP-16C-0203 and recovered 100 grams of opium. The Police also seized the vehicle. The Police conducted the investigation. Kulbhushan disclosed during the interrogation that he and Parveen Kumar, (the present petitioner) had gone to Tanakpur, Nepal Border to purchase the opium. The Police searched for Parveen Kumar but could not find him. The call detail records of Parveen Kumar and Kulbhushan were obtained and it was found that both of them had gone to the Nepal Border. The CCTV Footage was also obtained in which the petitioner and Kulbhushan were found travelling in the vehicle bearing registration HP-16C-0203. FIR No. 161/2016, dtd. 29/6/2016 for the commission of offences punishable under Sec. 325 read with Sec. 34 of IPC, FIR No. 4/2021, dtd. 2/1/2021 for the commission of offence punishable under Sec. 13A of the Gambling Act and FIR No. 4/2023, dtd. 2/1/2023 for the commission of offence punishable under Sec. 13A of the Gambling Act were registered against the petitioner. The petitioner is to be interrogated. The petitioner absconded after the incident. Therefore, it was prayed that the present petition be dismissed.

(3.) I have heard Mr. Vikas Rathore and Mr. Bhupinder Thakur, learned counsel for the petitioner, and Mr Prashant Sen, learned Deputy Advocate General for the respondent/State.