AJAY DHIMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application is maintained by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail in case FIR No.43 of 2016, dated 9.3.2016, registered under Sections 21 and 29 of the ND & PS Act, Police Station, Ghumarwin, District Bilaspur, H.P. As per the petitioner, he is innocent and is falsely implicated in this case and nothing has been recovered from him.

(2.) As per the prosecution story, 30 bottles of Relaxcof were recovered from the conscious and exclusive possession of accused Ayush Ratwan son of Shri Jitender Ratwan 100 ml. each having codeine phosphate. Accused Ayush Ratwan was also found in possession of 60 strips of Tramadol Hydrochloride Paracetamol tablets containing 10 tables in each strip i.e. 600 tables. The said bottles and tablets were purchased by accused Ayush Tatwan from accused Subhash Chand and Ajay Dhiman. During the course of investigation, two bottles of Relaxcof were also recovered at the instance of accused Subhash Chand son of Ram Parkash without any valid licence or permit. Total 32 bottles of Relaxcof containing 100 ml. each recovered alongwith 600 tablets.

(3.) Learned counsel for the petitioner has argued that the petitioner is innocent, falsely implicated in this case and may be released on bail.