LAWS(HPH)-2023-12-2

DILDAR KHAN Vs. STATE OF H.P.

Decided On December 04, 2023
DILDAR KHAN Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that FIR No. 176 dtd. 16/7/2022 was registered at Police Station Shimla (West) on 15/7/2022. The police party checked an HRTC Bus on the intervening night of 15/16/7/2022. They found a backpack on the iron rack near seat no. 12 13 14W containing 336.63 grams of intoxicating powder. The police could not find the name of the owner of the backpack. Subsequently, the police claimed that the petitioner was involved in the commission of the crime. The police had also found the clothes in the backpack and asked the petitioner to wear the clothes but they were not found fit for him; hence, he was permitted to leave. The petitioner has an apprehension of his arrest; therefore, the petition.

(2.) The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 16/7/2022. The police checked an HRTC Bus on 16/7/2023 at 12:15 am and found a backpack on the iron rack kept above seat no. 12 13 14W. The Police interrogated the passengers but nobody claimed the ownership of the backpack. The police checked the backpack and found 333.63 grams of heroin in it. The police seized the same. The police conducted the investigation and checked the CCTV footage in ISBT, Sector 43, Chandigarh. The police found one person boarding the bus with a backpack. The police matched the photograph with the CCTV footage and found it to be that of the petitioner. The police checked the CCTV footage of the motorcycle parking and found that a person carrying the backpack had got down the motorcycle bearing registration no. CH01-BW-7097. One person came to pick up the motorcycle on 16/7/2022 at 5:00 pm, who revealed his name as Raja Khan and disclosed on enquiry that the motorcycle belonged to Dildar Khan alias Sonu Khan who is his maternal uncle. The police searched for Dildar Khan alias Sonu Khan but could not find him. He had also switched off his mobile phone. The police also obtained the non-bailable warrants of arrest from the Court. The Court has issued the proclamation under Sec. 82 of Cr.P.C. and declared the petitioner as a proclaimed offender on 21/8/2023. The petitioner is involved in the commission of a heinous offence and has been absconding for about one year; therefore, it was prayed that the present petition be dismissed.

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