JAGAT RAM 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. 57 of 2016, dated 05.03.2016, under Sections 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "ND&PS Act"), registered at Police Station Kullu, District Kullu, 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 05.03.2016, the police personnel laid a nakka at place Shirad Pulli, near main road, Raisen, and at about 09:15 a.m. a vehicle came, which was stopped by its driver, on seeing the police. The driver and front passenger fled away in an orchard. One of the occupants sitting on the rear seat threw a black coloured bag and both of the occupants, sitting in the rear seat, tried to flee. Police nabbed both the persons and police personnel were sent to apprehend the persons who fled away, but they could not be apprehended. On being asked about the packet, which was thrown by them out of the vehicle, the persons, who were nabbed by the police, could not give any plausible answer. The police checked the bag and the same contained charas in the shape of sticks and chapattis. On weighment, total charas was found to be 5.650 kilo grams. Police completed all the codal formalities. Police recovered a bank pass book and documents of the vehicle and the persons nabbed disclosed that pass book and documents belong to Rajesh Kalsi, who is owner of the vehicle, and has fled away. They also disclosed that another person who has fled away is Kala from Naraingarh. They further disclosed that they purchased the contraband from one Pankaj of Village Vayasar. A case was registered and investigation ensued. All the persons traveling in the vehicle were arrested and the petitioner (Pankaj @ Jagat Ram) was arrested on 27.06.2017. At the first instance, the petitioner did not tell his correct name and he also moved a bail application with his name as Pankaj Thakur @ Panku. Later on he divulged that his correct name is Jagat Ram. Police collected the records qua the name of the petitioner, which revealed that correct name of the petitioner is Jagat Ram. As the petitioner misled the police by disclosing his wrong name Section 419 IPC was added against him in the case. As per the prosecution, challan stands presented in the Court and the case is listed for 19.12.2017 for evidence. Lastly, the prosecution prayed that the bail application of the petitioner be dismissed.