AJAY KUMAR 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. 66 of 2019, dated 06.06.2019, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, registered in Police station Parwanoo, 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 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 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 06.06.2019 a police team laid a nakka at TTR Chowk. At about 03:30 a.m. Swift car, having registration No. HP64-8607, came from byepass side, which was stopped. On asking, the driver disclosed his name as Ajay Kumar (petitioner herein) and another person sitting on passenger seat disclosed his name as Pradeep Kumar. Both these persons were baffled, so the vehicle was made to park on the side of the road for checking. During search of the vehicle, police recovered two transparent packets, which contained heroin. The petitioner also disclosed that the recovered substance is heroin. The contraband, contained in one packet, was weighed alongwith the packet and found to be 13.62 grams and another was 8.57 grams. Both the packets were cumulatively 22.21 grams. Thereafter, the police completed all the codal formalities. The documents of the said vehicle were taken into possession. Police registered a case under Section 21 of the ND&PS Act. Police recorded the statements of the witnesses and prepared the spot map. The petitioner and the co-accused divulged that they purchased the said contraband from some unknown auto driver. The petitioner and the co-accused were arrested. Scientific analysis of the recovered contraband revealed that the recovered material was of Diacetyl Morphine (Heroin). Pradeep Kumar (co-accused) was enlarged on bail by the learned Trial Court on 27.07.2019 and the petitioner is in custody since 23.08.2019. As per the police, the investigation in the case is complete and challan will be presented in the Court soon. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime of possessing heroin (chitta). There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice and tamper with the prosecution evidence.