MUKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 138 of 2016, dated 26.07.2016, under Sec. 21 of the Narcotic Drugs and Psychotropic Substances, Act (hereinafter referred to as "NDPS Act"), registered at Police Station Nalagarh, District Solan, 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, during the intervening night of 25-26.07.2016, around 12:30 a.m., when the police was patrolling near Soban Majara, Barnu Road, near Talab, they spotted a person holding a bag and on seeing the police he tried to fled away from the spot. Thus he was apprehended. On search, the said bag contained 20 vials of plastic having Corex Cough Syrup 100 ML written over them. The recovered vials of corex are prohibited medicine. The said person (the petitioner) could not produce any valid document for possessing 20 vials of corex. Thereafter, the police completed all the codal formalities. The accused was arrested and he disclosed that he brought the same from Punjab. Later on, the accused was released on bail by the learned Trial Court. After the receipt of report from FSL, Junga, which revealed that total quantity of Corex Cough Syrup is 122.100mg x 20 = 2.442 kg. Thus the accused was again arrested. The accused is behind the bars for the last more than nine months. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.