MADAN GOPAL 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. 189 of 2019, dated 09.09.2019, 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 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 08.09.2019 a police team was on routine patrol duty near Dohri Diwal, Solan. At about 10:30 p.m. police spotted a person coming and he was holding a bag in his hand. On seeing police, the said person took a slew and started running. Police apprehended him in presence of independent witnesses and on being inquired, he could not answer satisfactorily. He disclosed his name as Madan Gopal (petitioner herein). The bag carried by the petitioner was checked, which contained a wallet having five coins of one rupee, a gas lighter, currency note of Rs. 10/-, which was burnt and some brownish substance. The substance was checked through drug detection kit and found to be heroin, which, on weighment was 21.72 grams. Thereafter, the police completed all the codal formalities.