MANISH 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. 73 of 2019, dated 31.10.2019, under Sections 15 and 29 of the ND&PS Act, registered in Police Station Shillai, District Sirmour, 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 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 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 31.10.2019, a police team was checking the vehicles and on routine patrol duty at Ronhat Road, Shillai. At about 11:25 a.m. a motorcycle, having registration No. HP17DT209, was stopped for checking. Two boys were traveling on the motorcycle and pillion rider was carrying a bag on his knees. On being asked as to what is in the bag, they could not give any satisfactory answer. The boy, who was driving the motorcycle, disclosed his name as Tikka Ram (co-accused) and the pillion rider disclosed his name as Manish (petitioner herein). Thereafter, the police associated two independent witnesses and in their presence the bag was checked and yellow plastic bag was recovered, which contained brownish substance, which was poppy straw. On weighment, the contraband was found to be 9.845 kgs. Thereafter, the police completed all the codal formalities. The petitioner and the co-accused could not produce any licence for transporting the contraband, so a case was registered against them under the apt Sections of ND&PS Act. Police prepared the spot map and recorded the statements of the witnesses. The petitioner and the co-accused were arrested. A sample from the recovered contraband was sent for forensic analysis and it was found to be sample of poppy straw. During the course of interrogation, the petitioner and the co-accused divulged that they purchased the poppy straw at Uttrakhand from one Vinod. As per the police, the petitioner is clever person and he is spreading the menace of drugs in the society. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.