LAWS(HPH)-2024-5-89

SURESH KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On May 31, 2024
SURESH KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Applicant-Suresh Kumar has filed the present application, under Sec. 439 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), for releasing him on bail, during the pendency of the trial, in case FIR No. 16 of 2023, dtd. 13/1/2023, registered with Police Station, Sadar, District Mandi, under the provisions of Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as 'the NDPS Act').

(2.) According to the applicant, he is an innocent person and has falsely been implicated, in this case, by the Police, as the prosecution case is based on totally absurd, baseless and imaginary story.

(3.) As per the applicant, he has nothing to do with the recovery of the contraband, in the present case, as the same has been recovered by the police from a bag, which was in the possession of the co-accused. According to him, there is no iota of evidence to prove the involvement of the applicant, in the present case.