VIKAS SAGAR 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. 178 of 2019, dated 26.08.2019, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station Sadar 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 permanent resident of District Kullu, Himachal Pradesh 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 25.08.2019 a police party was on routine patrol duty. At about 11:00 as person was spotted coming from Saproon Chowk and on seeing police he took a slew and started walking fast backwards. On suspicion police nabbed him and he disclosed his name as Vikas Sagar (petitioner herein). As the police had suspicion on the petitioner, an independent witness, i.e., Shri Surinder was associated. The petitioner was holding a carry bag in his hand. The said bag was checked and it was found containing some brownish substances, which was chitta (heroin). On weighment the contraband was found to be 10.94 grams. Thereafter the police completed all the codal formalities. Statements of the witnesses were recorded and the spot map was prepared. Rukka was prepared and sent to the police station, whereupon FIR was registered. The petitioner was arrested and he, during the course of interrogation and investigation revealed that he purchased the said contraband from a person known as Prince for Rs. 10,000/-. He further disclosed that he is drug addict and sometimes he went to Delhi to purchase heroin for himself. Police sent the sample of contraband for forensic analysis and the report revealed that the sample was of Diacetylmorphine (Heroin). Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime. There is possibility that in case at this stage 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.