RAM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application filed on behalf of the accused, under section 439 Cr.P.C., for granting bail in FIR No. 12 of 2014, dated 9.2.2014 registered against the petitioner with Police Station, Nerwa, District Shimla, under sections 21, 22 and 29 of Narcotic Drugs and Psychotropic Substances Act (for short: NDPS Act).

(2.) I have gone through the police report and find that prosecution case is that on 9.2.2014 at about 2.15 p.m. at place Bathal, a raiding party headed by SI/ SHO Jasvir Singh alongwith H.C. Virender Sharma, Constable Pankaj Kumar and HHC Basrat Singh were on routine patrol duty, when they spotted a car bearing registration No. HP -08C -0204 coming towards Nerwa. On seeing the police party, the occupants of the car alighted therefrom and threw certain articles in the bushes. On suspicion, the vehicle was stopped and checked. The investigating agency rushed to the spot where the articles were thrown. There were 110 bottles of Rexcof 100 ml. each 'CIPLA' make recovered and taken into custody vide separate memo.

(3.) MR . Verma, learned Additional Advocate General has submitted that petitioner is guilty of a serious offence, and, therefore, ought not to be released on bail. On the other hand, Sh. Balbir Singh Chauhan, learned counsel for the bail petitioner has argued that petitioner has nothing to do with the case and has been falsely implicated at the instance of accused Dhanvir alias Sanju and Akshay and some local persons, who are inimical towards the petitioner because of his hard work in the agricultural side.