PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 80 of 2017, dated 03.05.2017, registered under Sections 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "ND&PS Act"), at Police Station Shahpur, District Kangra, H.P.

(2.) As per the learned counsel for the petitioners, the petitioners are innocent and have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, thus they may be released on bail.

(3.) Police reports stand filed. As per the prosecution story, on 03.05.2017, at about 06:45 p.m., police party was on patrol duty at place Cahuri Drini. Police party spotted a white coloured pickup coming from Drini and going towards Shahpur. On seeing police party, the driver of the vehicle suddenly turned his vehicle towards Drini and also tried to flee. Two persons jumped out of the vehicle and fled away in the jungle. The driver of the vehicle also jumped out of the vehicle and he was overpowered by the police. The driver disclosed his name Ghanshyam. The driver disclosed the names of the persons who fled from the spot as Bindu Pathania and Pawan Kumar. On suspicion, the vehicle was searched, whereupon underneath the driver's seat one black carry bag was recovered, which contained black coloured substance and on smelling it was found to be charas. On weighment, the contraband was found to be 1 (one) kg and 16 grams. Police completed all the codal formalities. Police also recovered a plastic box containing 3 tabs, 19 small mobiles, 2 big mobiles. On the said box it was written "Harvinder Singh Pathania (one of the petitioner herein), Pathania Communication, Main Bazar Bhanjraru". Police recorded the statements of the witnesses and sample of recovered substance was sent for forensic analysis and report revealed that the recovered substance was "the quantity of purified resin". During the course of investigation it was unearthed that on 02.05.2017 they started from Tissa, Chamba in pickup No. HP73-2026 and one more person came with them on applied for motorcycle. It has also come that all of them stayed in Rajat Hotel, Kangra and on 03.05.2017 they were intending to sell the charas. The petitioner, in order to avoid their arrest, absconded from their homes and could not be arrested. On 17.05.2017 the petitioners participated in the investigation. The applied for motorcycle was also recovered, which as per petitioner (Harbinder Singh), was purchased by him in 2014 from Shah Automobile. Petitioner, Harbinder Singh, further stated that on 03.05.2017 his motorcycle broke down and he took lift in vehicle No. HP73-2026. On mechanical examination of the recovered motorcycle, the same was found free from any mechanical defect. Hotel Manager also identified the petitioner that on 02.05.2017 he alongwith three others stayed in the hotel. The petitioner did not tell anything about accused Dipu @ Dalip Kumar. As per the prosecution, the petitioners are not revealing truth. Accused Dalip Kumar is yet to be arrested. Lastly, the prosecution has prayed that the bail applications of the petitioners may be dismissed.