AVINASH 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. 235 of 2018, dated 01.09.2018, under Section 22 of the ND & PS Act, registered in Police Station Indora, District Kangra, 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 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 01.09.2018 a Special Nacotics Team, comprising of police personnel, was present near Annpurna Restaurant and they spotted a person (petitioner herein) coming from the bushes and cannabis plants. On seeing police, the petitioner tried to flee. He was carrying a red carry bag and on suspicion he was nabbed. Police associated two independent witnesses and in their presence the carry bag was checked and the same was found stuffed with 8 pouches of Provon Spas Capsule. Each pouch contained 100 capsules, total 800 capsules were recovered. On being weighed, the contraband was found to be 617 grams. Thereafter, the police completed all the codal formalities. Statements of the witnesses were recorded and the spot map was prepared. The contraband was sent to SFSL for forensic analysis and as per the report, the sample was of Tramadol Hydrochloride Capsules and each capsule contained 50.63 mg Tramadol Hydrochloride. Thus, in 800 capsules of Provon Spas, Tramadol Hydrochloride was found to be 40.51 grams and the total weight of the capsules was 617 grams. On 15.11.2018 the petitioner was arrested and was medically examined. As per the police, the petitioner is spoiling the youth and children in the society and there is anger in the area. On 16.01.2019 police presented the challan in the Court and now the testimonies of prosecution witnesses are being recorded. The case is now listed for prosecution witnesses on 18.10.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was 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.