HARISH CHAUHAN 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. 144 of 2019, dated 09.07.2019, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances 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 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 09.07.2019 a police party was on routine patrol duty near DC Office Chowk, Solan. Police got a tip off that vehicle, having registration No. HP-64A-4841, is coming from bye-pass road and two persons coming in it with heroin. Acting upon the tip off, police associated independent witnesses and at about 12:25 p.m. vehicle, having registration No. HP64A-4841, was intercepted. Two occupants were in the vehicle and person, who was driving the vehicle, disclosed his name as Jatin Arora (co-accused) and another occupant of the vehicle disclosed his name as Harish Chauhan (petitioner herein). Police conducted the search of the vehicle and recovered a polythene packet, which contained heroin. The recovered contraband, on weighment, was found to be 15.73 grams. Thereafter, the police completed all the codal formalities. Rukka was sent to the police station, whereupon FIR was registered against the petitioner and co-accused Jatin Arora. Police prepared the spot map and also recorded the statements of the witnesses. The petitioner and the co-accused were arrested and during the course of interrogation they revealed that they are habitual of consuming heroin. They further revealed that on 08.07.2019 they went to Delhi for bringing heroin, but as they did not get the heroin, they came to Sector 43, Chandigarh. They further disclosed that at Bus Stand, Sector 43, Chandigarh, they met a person, who did not disclose his name, and he provided 16 grams heroin for Rs. 14,000/-. Police sent the sample of recovered contraband for forensic analysis and it revealed that it was the sample of Diacetymorphine (heroin). As per the police, challan stands presented in the Court and the now the matter is listed on 13.09.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and there is possibility that in case at this stage he is enlarged on bail, he may flee from justice or tamper with the prosecution evidence.