RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has approached this Court under Section 438 Cr.P.C. for grant of bail in case FIR No. 203 of 2016, dated 31.12.2016, under Section 21-61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act").

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. It has been averred by the petitioner that the prosecution has conducted defective investigation and from where the recovery has been allegedly effected that premises was not in occupation of the petitioner and further there were two doors in the alleged premises. The petitioner prays that he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 31.12.2016 when the police personnel were on patrol duty at Chalali, they, on a tip off that the petitioner has hidden narcotic drugs in his premises, went there, however, the petitioner after locking the premises had already absconded. The lock of the premises was broken and during search three bottles of Codeine Phosphate Relax Cof, each 100 ml, and six boxes of Spasmo Proxyvon (total 840 capsules) were recovered. All codal formalities were completed. The samples of recovered drugs have been sent for chemical analysis to SFSL and the report is still awaited. It is further alleged that the petitioner is not revealing that from whom he received these drugs and he is not cooperating in the investigation. The prosecution has prayed, that the custodial interrogation of the petitioner is required, as he is not revealing the truth that from where he used to buy narcotic drugs. As per the prosecution, releasing the petitioner on anticipatory bail would affect the investigation and he could also tamper with the prosecution evidence. Lastly, the prosecution has prayed that the petition may be dismissed.