PRITAM SINGH 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. 129 of 2017, dated 13.09.2017, under Sections 20 and 29 the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station Bhuntar, District Kullu, 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 reports stand filed. As per the prosecution story, on 12.09.2017, at about 09:30 p.m., a police team had laid a nakka at place TCP Bajaura. The police stopped a Volvo bus, having registration No. HR38-W-0032, for checking. During the checking, person sitting on seat No. 33 was seemed to be baffled and on asking he could not give satisfactory replies. His bag was checking and it was found stuffed with some black substance, so the bag was checked in presence of witnesses and the black substance was found to be charas (cannabis). That person disclosed his name Sunil Babu Shetty resident of Balegum, Karnataka. The recovered charas was weighed and found to be 3 kg and 72 grams. Thereafter, the police registered a case and completed all the codal formalities. Statements of the witnesses were recorded and the accused was arrested. Police also prepared the spot map. During the course of investigation and interrogation, the accused divulged that he purchased the recovered contraband from the petitioner and for that he paid Rs. 40,000/- to him on the spot and he also transferred Rs. 25,000/- and Rs. 15,000/- in the accounts, details whereof were given to him by the petitioner. Police procured the records qua the bank transactions and it was found that on 11.09.2017 Rs. 25,000/- were deposited in the account of the petitioner. On forensic analysis, the recovered stuff was found to be cannabis and sample of charas. On 04.01.2018 the petitioner was arrested and during the course of interrogation he divulged that some charas he collected himself and some was lying with him and on 11.09.2017 he sold the same to accused Sunil Babu Shetty. The petitioner also disclosed that when he delivered the charas to accused Sunil Babu Shetty, he paid Rs. 40,000/- to him and also deposited Rs. 25,000/- and Rs. 15,000/- in two accounts. As per the police, challan against accused Sunil Babu Shetty and the petitioner was presented in the learned Trial Court on 28.12.2018. Transaction of Rs. 25,000/- was found to be made in the account of the petitioner and another of Rs. 15,000/- was made in the account, which was found to be of one Vikas and the said amount was withdrawn. Police endeavored extensively to search said Vikas in the area of District Jhajjar, Haryana, but he could not be traced. Now, the case is listed for PWs 1 and 2 before the learned Trial Court on 11.09.2019. Lastly, it is prayed that the petitioner has committed a serious crime and the quantity of contraband involved in huge and commercial quantity, so in case at this stage if the petitioner is enlarged on bail, he may again tamper with the prosecution evidence and may also flee from justice. Therefore, the bail application of the petitioner be dismissed.