LAWS(HPH)-2019-9-100

RAVI KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On September 23, 2019
RAVI KUMAR 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. 101 of 2019, dated 07.08.2019, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station Dharampur, 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 07.08.2019 a police party was on routine patrol duty at CHC Curve, near Police Station Dharampur. At about 09:10 a.m. a pedestrian was spotted coming towards Dharampur from Parwanoo side. On seeing police, he got baffled and started moving towards the side of the road. On suspicion, the said person was apprehended and independent witness, Shri Harish Kumar, was associated. The person apprehended by the police disclosed his name as Ravi Kumar (petitioner herein) and lunch box, being carried by him was checked and it was found containing a plastic pouch, which contained some substance. On being examined through DD Kit, the said substance was found to be heroin and it was 14.19 grams. Thereafter, the police completed all the codal formalities and a case was registered. Police recorded the statements of the witnesses and also prepared the spot map. The petitioner was arrested and medically examined. During the course of investigation and interrogation, the petitioner divulged that from some unknown driver he purchased the heroin. He consumed some heroin and hide the remaining heroin in his lunch box. Despite best efforts, the person from whom the petitioner allegedly purchased heroin could not be traced. The contraband was sent to SFSL, Junga, for forensic analysis and upon the receipt of the report, challan will be presented in the Court. As per the police, the petitioner is very clever person. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found 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.