SUDESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application is maintained by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail in case FIR No. 06 of 2017, dated 13.09.2016, under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be called as 'the Act"), registered at Police Station, Bhabanagar, District Kinnaur, H.P.

(2.) Police report stands filed. As per the prosecution story, on 11.01.2017, SHO Raghubir Singh, alongwith other Police Officials was present at Chaura, in connection with the investigation of a case, in the meantime he received a secret information that Sudesh Kumar, son of Sh. Damsi Ram, Village Bada Kamba, P.O. Chotta Kamba, Tehsil Nichar, District Kinnaur, H.P. was going to sell Charas below Block Point, Chotta Kamba. After receiving that information, SHO, telephonically informed Police Station, Bhabanagar and directed them to immediately sent Investigating Officer on the spot, as the place was under the jurisdiction of Bhabanagar, Police Station, the Police Station was far away from the spot and there were chances that the accused may flee from the spot, thus SHO prepared the information under Section 42(2) of the Act and sent it to the Police Station Bhabanagar. SHO alongwith one Sh. Dinesh Kumar, went to the Block Point, Chhota Kamba. When they reached the spot they saw Sudesh Kumar/petitioner was trying to run away from the spot, but he was intercepted by the SHO. The petitioner was carrying a bag, on checking the same, the Charas was found, which on weighing was found to be 240 grams.

(3.) Learned counsel appearing on behalf of the petitioner has argued that the petitioner is innocent and has been falsely implicated in this case and he may be released on bail.