PARVEEN KUMAR 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. 351 of 2016, dated 29.12.2016, under Sections 12 and 29 of the Narcotic Drugs & Psychotropic Substances, Act, registered at Police Station Una, District Una, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is resident of the place and 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 29.12.2016, around 5:20 p.m., when police personnel were on patrol duty near DAV School, Una, they stopped vehicle bearing registration No. HP72-2935. The vehicle was stopped and searched. On search a gunny bag was recovered from the vehicle, which contained two boxes of tablets Lomotil and in each of the said box there were 100 strips. Thus, in total 12000 tablets of Lomotil were recovered. In addition to 12000 tablets 20 cartons of Spasmo Proxyvon Plus, each carton containing six strips and each strip containing 24 capsules, in total 2880 capsules were recovered. The driver of the vehicle divulged his name as Surjeet Kumar and he could not produce any valid document for possessing the narcotics. Police took into possession the recovered contraband and also completed all the codal formalities. During the course of investigation accused Surjeet Kumar disclosed that he purchased the said contraband from the petitioner (Parveen Kumar). Accused Surjeet Kumar further divulged to the police that the petitioner himself, in his vehicle No. HP 72A-3308, delivered the narcotics to him at Rakkar. The petitioner was arrested and his vehicle bearing registration No. HP-72A-3308 was also taken into possession. Personal search of the petitioner was also conducted and Rs. 19,000/- were recovered from him and he could not disclose the valid source of the money kept by him. Police also collected the call details of accused Surjeet Kumar and the petitioner, which also points out towards the involvement of Surjeet Kumar and the petitioner. The samples from the recovered narcotics were sent for chemical analysis and the reports were obtained. The overall conspectus of the reports reveals that the recovered contraband is of commercial quantity. The prosecution has prayed for rejection of the bail of the petitioner on the ground that the petitioner is likely to indulge in such kind of activities again and the petitioner is spoiling the society. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.