JATIN SHARMA 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. 179 of 2019, dated 26.08.2019, under Section 21 of the ND&PS Act, registered in Police Station Sadar Solan, District Solan, 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 permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 26.08.2019, a police team was on patrol duty at Dohri Diwal, Solan. Police were checking the vehicles and at about 12:25 a.m. police spotted a pedestrian, who was carrying a bag on his shoulder. On seeing the police, the said pedestrian turned confounded and started walking hastily. On suspicion, the police nabbed the said person and asked to why he is running, but he could not give any satisfactory answer. He disclosed his name as Jatin Sharma (petitioner herein). As the petitioner was baffled, so the police suspected that he might be carrying some contraband and tried to associate independent witnesses, but no one could be associated. Thereafter, the police searched the bag of the petitioner and recovered a wallet which contained a transparent polythene packet containing some light yellowish substance and two syringes. The said substance was checked through drug detection kit and found to be heroin and on weighment it was 9.70 grams. Thereafter the police completed the codal formalities and registered a case under the relevant section of the ND&PS Act. Police prepared the spot map and recorded the statements of the witnesses. The petitioner was arrested and medically examined. As per the police, during the course of interrogation the petitioner divulged that he purchased the contraband from some unknown person at New Bus Stand, Solan. As per the chemical examination report, the contraband is tested positive for diacetylmorphine (heroin) and the syringes also tested positive for heroin. As per the police, investigation in the case is complete and on 22.10.2019 challan stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.