DEEPAK 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. 100 of 2016, dated 20.06.2016, under Section 21-61-85 of Narcotic Drugs & Psychotropic Substance Act (hereinafter referred to as "the ND&PS Act"), registered as Police Station Jawali, District Kangra, 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 20.06.2016, at about 07:20 p.m., at place Ridhi, when the police personnel were on patrol duty, they received secret and reliable information that the accused is involved in the business of selling drugs in that area and he is likely to come towards Kandour. The accused was intercepted and during his search 18 vials of Corex, each 100 ml and a box containing 144 capsules Spasmo Proxyvon Plus were recovered. The police completed all the codal formalities. Statements of the witnesses were recorded and the spot map was prepared. The accused was arrested on the same day. A sample, which was drawn out from the recovered contraband was sent to forensic analysis and the report of same revealed that the same contained codeine phosphate 2.006 mg per/ml in 100 ml bottle of corex. As per the prosecution, the challan stands presented in the Court and the matter is listed on 27.11.2017. Lastly, it has been prayed that in case the petitioner is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. As the petitioner is involved in illegally selling the drugs to the students of school and college, he may not be enlarged on bail and the application may be dismissed.