NARENDER 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. 24 of 2016, dated 12.05.2016, under Sections 21, 22 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as "NDPS Act"), registered at Police Station Jubbal, District Shimla, 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 is not in a position to tamper with the prosecution evidence and also not in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 11.05.2016, around 07:15 p.m., Incharge Police Post Kuddu intercepted vehicle bearing registration No. UK 07TA-4011, which was being driven by one Shiv Kumar. On checking, there was a carton box, which contained prohibited medicine Corex. The said carton box contained four plastic packets and each contained 25 vials and one more plastic packet contained 10 vials of corex. In total, 110 vials of Corex were recovered. The said Shiv Kumar could not produce any valid document for possessing the contraband. During the course of investigation said Shiv Kumar divulged that he brought the said contraband from Uttrakhand, Parola, with his friends (accomplices) Narinder @ Titu (petitioner herein) and Sikander @ Sikki in vehicle bearing registration No. HP10B-2929. He has further divulged that before Kuddu barrier they shifted the contraband in vehicle bearing registration No. UK 07TA-4011. Police registered an FIR and started the investigation. As per the prosecution, accused Narinder @ Titu and Sikander @ Sikki after committing the crime fled away. On 03.06.2016, the petitioner surrendered before the police and he was arrested. Another accused, Sikander @ Sikki, participated in the investigation and he was arrested on 27.05.2016. The police, after completing the investigation, presented the challan in the Court.