JOGINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') by the Police, vide F.I.R. No. 133 of 2023 dtd. 24/11/2023 registered at Police Station Parwanoo, District Solan, H.P. The petitioner is a mason by profession. He is a chief priest of Devta. Petitoner has enmity with the husband of his niece, who had threatened the petitioner to kill or implicate the petitioner in a false case. Mother of Pritam Singh is a cook at Bhoj Nagar Police Post, District Solan, H.P., who in connivance with the police planted the contraband in the bike of the petitioner. Pritam Singh was even seen near the bike of the petitioner by Rajinder Singh. The petitioner is not a consumer of the drug nor its supplier. The police have completed the investigation and the custody of the petitioner is not required by the Police. The petitioner has two minor children, a wife and an old aged mother, who are dependent upon him. The petitioner will make himself available for trial and will not jump over the bail. He is ready and willing to join the investigation and would abide by all the terms and conditions, which may be imposed by the Court upon him. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The State has filed a status report asserting that the police party was on patrolling and traffic-checking duty on 24/11/2023, when a motorcycle bearing registrationno. HP-71A-2114 was intercepted by the police. The police searched the motorcycle based on the suspicion in the presence of independent witnesses. 302 grams of Charas was recovered from the motorcycle during the search. The police seized the Charas and arrested the petitioner. The Charas was sent to SFSL Junga, for testing and it was confirmed to be Charas after analysis. The police completed the investigation and prepared the challan. The petitioner can intimidate the witnesses and can abscond in case of release on bail. Hence,it was prayed that the petition be dismissed.

(3.) I have heard Dr. Rajesh Kumar Parmar, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General for the respondent-State.