YOG RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Sec. 438 of the Criminal Procedure Code, the petitioner is seeking anticipatory bail in case F.I.R. No. 102/2023, dtd. 8/7/2023, registered at Police Station Aut, District Mandi, H.P., under Ss. 18 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act").

(2.) The prosecution story, in brief, is that on 8/7/2023, while the police party was on routine patrolling duty and reached near Duada, they saw a person coming from Aut side, who was carrying a bag with him. On seeing the police party, the person got perplexed and tried to run away, however, at some distance, he was nabbed by the police party. On asking, the person disclosed his name as Jawahar Lal. Since it was an isolated place, no independent witness could be found, as such, Constable Dinesh Geer and HHC Atul Sharma have been associated as witnesses in the proceedings. In presence of the aforesaid witnesses when the bag of Jawahar Lal was checked, it was found containing opium. On weighment, the recovered opium was found to be 3 kgs and 84 grams. Thereafter, the police completed all the codal formalities and FIR was registered against the accused and he was arrested. During investigation, the accused disclosed that he had purchased the opium from Yog Raj (petitioner herein).

(3.) The bail petition has been filed on the ground that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner has contended that investigation in this case is complete and nothing remains to be recovered at the instance of the petitioner, as such, he deserves to be enlarged on bail.