SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 122 of 2019, dated 14.07.2019, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, registered in Police Station Joginder Nagar, District Mandi, 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, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 13.07.2019 Constable Diwan Chand brought a rukka to Police Station, Joginder Nagar. As per the said rukka, on 13.07.2019 a police team laid a nakka at place known as Kash Haar Link, Bhararu Rain Shelter. At about 11:36 p.m., police spotted a person coming from the side of Kash. Police focused search light on the said person and police personnel identified him. The petitioner, on seeing the police party got perplexed and tried to flee. While fleeing, the petitioner threw a packet from his pocket. Ultimately, taking advantage of bushes, the petitioner succeeded in absconding. The police team extensively searched him, but he could not be traced. As the petitioner was earlier also found involved in drug sale and purchase, so the police had suspicion on the petitioner. Despite best efforts, police could not associate any independent witnesses. The packet thrown by the petitioner was checked and it was found containing some powder like substance, which was white and black in color and the said packet also contained brownish solid substance. The said substance was heroin (chitta) and on weighment it was found to be 5 grams. Thereafter, the police completed all the codal formalities and on the basis of the rukka FIR was registered. Police prepared the spot map and also recorded the statements of the witnesses under Section 161 Cr.P.C. The recovered contraband was sent to SFSL, Junga, for forensic analysis and the report is awaited. The petitioner moved the present application seeking his pre arrest bail and on the Directions of Hon'ble High Court, he joined the investigation. The petitioner, during the course of interrogation, divulged that 5-6 months back he purchased 15 grams heroin from auto driver, of which he had already sold 10 grams. He has further disclosed that he used to sell 1 (one) gram heroin for Rs.2500/3000. On 13.07.2019 he received a telephonic call from one Topnu from Baijnath, who wanted to purchase 5 grams heroin, so he was coming to deliver the contraband to him. As per the police, the petitioner is habitual offender and many cases have been registered against him. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner is very clever person and he has committed a serious offence. The police found the involvement of the petitioner in many other cases also, so in case the petitioner, if enlarged on bail at this stage, he may tamper with the prosecution evidence and may also flee from justice. It is prayed that the bail application of the petitioner may be dismissed.