MANDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 33 of 2017, dated 24.04.2017, under Section 21 of Narcotic Drugs and Psychotropic substances, Act, (hereinafter referred to as "the Act"), registered at Police Station Parwanoo, District Solan, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 24.04.2017, around 09:00 p.m., when the police personnel were in civil dress present at place near TTR Ammunition, Parwanoo, for random checking, they stopped a motorcycle having no number plates. The motorcyclist was carrying a carry bag, which on checking contained prohibited strips of Nitrosun-10 and vials of Corex Cough Syrup. The motorcyclist revealed his name as Mandeep Singh (petitioner herein) and he could not produce any valid document for keeping these prohibited drugs. In total, 35 strips of Nitrosun-10 were recovered and total tablets were 700. On the other hand, total recovered vials of Corex Cough Syrup were fifteen, each of 100 ml. Police completed the codal formalities and recorded the statements of the witnesses. The petitioner was booked for commission of offence punishable under Section 21 of the Act. The report of chemical analyst received from SFSL, Junga, revealed that each tablet of Nitrosun-10 contained Nitrazepam 9.97 mg and each 100 ml vial of Corex contained Codeine 2.006 mg per/ml. As per the prosecution, the petitioner is very clever person and in case he is enlarged on bail, he may flee from justice and also tamper with the prosecution evidence. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.