OM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under section 439 of the Code of Criminal Procedure, 1973 seeking his release in case FIR No. 83 of 2018, dated 09.06.2018, under Sections 20 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered in Police Station, Barsar, District Hamirpur, H.P.

(2.) As per the averments made in the petition, the petitioner 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 reports stand filed. As per the prosecution story, on 09.06.2018, police got a tip off that the petitioner, who is resident of Village Jajri, Post Office Raillu Jajri, Tehsil Barsar, District Hamirpur, H.P., has hidden narcotics in a heap of dung. Thereafter, the police completed the codal formalities and two independent witnesses were associated. In presence of the petitioner and independent witnesses, the heap of dung was dug and two plastic bags were recovered. The said plastic bags, on checking, were found to be stuffed with 146 sealed vials of Corex T cough syrup 100 ml each (Codeine Phosphate Cough Syrup). Another polythene bag was also found, whereon words 'Himachal Apple' were written. The polythene bag contained 12 balls of charas and on weighment it was found to be 123.90 grams of charas. The police completed all the formalities qua sampling and sealing and statements of the witnesses were recorded. A case was registered against the petitioner and he was arrested. Patwari gave a certificate that where the heap of dung is located that land belongs to the petitioner. As per the prosecution, the petitioner is quarrelsome person and in case he is enlarged on bail he may tamper with the prosecution evidence and may also flee from justice. Lastly, the prosecution has prayed that the bail application may be dismissed.