LAWS(HPH)-2019-12-3

SUBHASH CHAND Vs. STATE OF HIMACHAL PRADESH

Decided On December 02, 2019
SUBHASH CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

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. 122 of 2019, dated 30.09.2019, under Section 21 of the ND&PS Act, registered in Police Station Damtal, District Kangra, 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 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

(3.) Police report stands filed. As per the prosecution story, on 30.09.2019, a police team was on patrol duty at Mohtali Railway Gate. At about 01:50 p.m. police spotted a motorcycle coming and the motorcyclist, on seeing the police, turned the motorcycle and drove it towards Hanuman Mandir. On suspicion, the police chased down the motorcycle. As the road was mud-spattered, the motorcycle skidded and the motorcyclist fell down The motorcyclist tried to flee, but he was apprehended. Police associated two independent witnesses and in their presence the motorcyclist disclosed his name as Subhash Chand (petitioner herein). The police checked the bag of the petitioner, which was found containing envelop stuffed with some powder. Said powder was checked through drug detection kit and found to be heroin. The contraband, on weighment, was found to be 8.69 grams.