RAMESH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Sec. 439 of the Code of Criminal Procedure the petitioner is seeking bail in case FIR No. 65/2022, dtd. 7/8/2022, under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') registered at Police Station Shillai, District Sirmaur, H.P.

(2.) The prosecution story, in brief, is that on 7/8/2022, at about 6:05 A.M., while the police party was on routine patrolling duty and present near Bus Stand Shillai, they received a secret information that Ramesh (petitioner herein) used to come to sell milk at Shillai market on his motorcycle bearing registration No. HP-52B-0389 and under the garb of selling milk, he used to sell intoxicated cough syrup to people by giving its home delivery and if his bag is checked, huge quantity of cough syrup could be recovered. Accordingly, the police party had laid a nakka at place Balikoti and associated Madan Singh and Dinesh Chauhan as independent witnesses in the proceedings. At about 8:15 A.M., the aforesaid motorcycle came there and was signaled to stop. During search of the bag of the petitioner, besides six bottles of milk, 16 bottles of Codeine Phosphate and Chlorpheniramine Maleate Syrup, 100 ml each, were recovered. After completion of necessary codal formalities, FIR detailed hereinabove was registered against the petitioner and he was 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 7/8/2022. He further submitted that the trial is not going to be completed in near future, as out of total 23 witnesses cited by the prosecution, no witness has been examined till date, as such, no fruitful purpose would be served by keeping him behind the bars for an unlimited period.