SOURAV 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. 103 of 2017, dated 10.05.2017, under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances, Act (hereinafter referred to as "NDPS Act"), registered at Police Station, Sadar, District Bialspur, 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, thus he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 10.05.2017, around 4:50 p.m. when police party was on patrol duty at place Lakhanpur, they spotted two persons coming on a bike, having registration No. HP23C-7888. They were not wearing halmets and on seeing the police party they stopped the bike well before the police party. Both these persons, after throwing the bike on the spot, started running. The person, who was driving the bike, while running, threw some packet from his pant's pocket. Police, with the help of other people, apprehended both the persons. Police checked the packet thrown by the petitioner and found some brown powder therein, which was like smack. Police took into possession the contraband and all other codal formalities were completed. Motorcycle, bearing registration No. HP23C-7888, was also taken into possession. Spot map was prepared and statements of the witnesses were also recorded. The petitioner and his accomplice were arrested. A sample from the recovered contraband was sent for chemical analysis to SFSL, Junga and report therefrom reveals that the sample contained Diacetyl morphine (Heroin). As per the prosecution, the petitioner is habitual offender and seven more cases are pending against him. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed, as he is habitual offender and there is possibility that he may tamper with the prosecution evidence and also flee from justice.