RAM 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. 10 of 2019, dated 31.03.2019, under Section 20 of the ND &PS Act, registered in Police Station Patlikuhal, District Kullu, 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 31.03.2019, at about 06:08 a.m., a police team was on patrol duty at place Neri. At about 07:20 a.m., at place Rashdi, police stopped Alto Car, having registration No. HP02K-1897. On being asked the driver disclosed his name as Ram Chand (petitioner herein) and no other occupant was there in the car except the driver. Police suspected that the petitioner has some narcotics, so a police official was sent to nearby Pardi village for associating independent witnesses, but the inhabitants of the village had already gone to their orchards, so no one could be associated. Police recovered a carry bag from the engine of the vehicle, which contained a carry bag, which was stuffed with some black substance. On checking the said substance, it was found to be charas and on weighment it was found to be 2 kgs. Thereafter, the police completed all the codal formalities. The vehicle was taken into possession alongwith its documents. A case under the apt provisions of ND &PS Act was registered, the petitioner was arrested and medically examined. The petitioner, during the course of investigation divulged that her purchased the cannabis from a Nepali person, whom he can recognize. Despite search the said Nepali person could not be traced. The chemical report revealed that the contraband is charas. Police recorded the statements of the witnesses and also completed the investigation. As per the police, on 30.05.2019 challan was presented in the learned Trial Court and now the case is listed for consideration on charge on 25.11.2019. 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 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.