PREM CHAND 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. 4 of 2019, dated 27.03.2019, under Section 20 of the ND &PS Act, registered in Police Station State CID, Shimla, 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 District Kullu 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 27.03.2019 a police team had laid a nakka at place TCP Bajaura. At about 09:10 a.m., police stopped a Bolero Camper, having registration No. HP-66A2405. The driver of the vehicle seemed baffled, so the police suspected that he might be transporting some narcotics. Police associated two independent witnesses and in their presence the driver of Bolero Camper disclosed his name as Prem Chand (petitioner herein). The vehicle was checked and a carry bag was recovered, which was found stuffed with some black substance, which was charas. On weighment, the contraband was found to be 2 kgs and 605 grams. Thereafter, the police registered a case under the apt provisions of NDPS Act and completed the codal formalities. The vehicle was taken into possession in presence of the witnesses. Police prepared the spot map and recorded the statements of the witnesses. The petitioner was arrested. The chemical report revealed that the contraband is charas. As per the police, challan was presented in the learned Trial Court on 22.06.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner committed a serious crime. The quantity recovered from the petitioner is commercial quantity. The trial is in its initial stage and there is possibility that in case at this stage if the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.