MANOHAR SINGH Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under section 438 of the Code of Criminal Procedure, 1973 seeking his release, in the event of his arrest, in case registered vide NCB Crime No. 41 of 2014, under Sections 8 and 20 of the ND&PS Act, registered with Narcotic Control Bureau, Sub-Zone Mandi, District Mandi, 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 District Kullu and neither in a position to tamper with the prosecution evidence, nor in a position to flee from justice, so he be released on bail.

(3.) It is alleged that on 20.10.2014, NCB team was on routine surveillance duty at Kullu. At about 06:30 p.m., a secret information was received that co-accused Nilmani will come near span, which is situated at some distance ahead to village Shat towards Manikaran, around 08:30 p.m and 09:00 p.m., and will give signal from his torch towards the village, situated at the other side of the hill and then the villagers will send 15 to 20 kgs of charas through the span towards coaccused Nilmani, who will pick up the same. The secret information was given on telephone. A surveillance operation was planned and for interception of the accused persons a team was constituted. NCB team laid a nakka near Shat village and waited for the accused Nilmani. Around 08:30 p.m. a person came towards village Shat and near the span he gave signal with torch. After 5-7 minutes some material came through span to the side and the person waiting there picked up the same. The person, who collected the material from the span, was apprehended. That person disclosed his identity as Nilmani alias Nitu. The accused alongwith the bag was taken to NCB, Sub Zone Office, Mandi, where the bag was checked and it was found stuffed with dark brown colour substance, which was wrapped with polythene papers, in the shape of biscuit and square. The recovered substance was tested with the help of drugs detection kit and the same was found to be charas. The recovered contraband was weighed and it was found to be 19.780 kgs. Thereafter, the requisite codal formalities were completed. During the course of investigation one Khekh Ram was found to have supplied the contraband to accused Nilmani, but he remained absconded. Accused Khekh Ram subsequently surrendered and his custody was handed over to NCB, Mandi. During the course of investigation it was unearthed that accused Mohar Singh (the present bail petitioner) and Ambri Lal were instrumental in arranging the consignment of charas to co-accused Nilmani alias Nitu. Mobile records of the accused persons reveal that accused persons remained in constant touch with each other. Owner of the span stated that on 20.10.2014 a person, namely Ram Lal, co-accused, came to him with two bags and told him to send those bags through his span and he did not divulge about the contents of the bags. The call details of coaccused Nilmani reveal that he remained in constant touch with the other accused persons, including the present bail petitioner. The petitioner 100 times contacted co-accused Nilmani and co-accused Khekh Ram 58 times contacted the petitioner. Lastly, it is prayed that the as the petitioner was found involved in a serious offence, the present bail application be dismissed.