RAM LAL Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case registered vide NCB Crime No. 41 of 2014, dated 20.10.2014, by Narcotic Control Bureau, Sub-Zone Mandi, H.P., under Sections 8 and 20 of the ND & PS Act.

(2.) The petitioner has preferred the present application seeking his bail. The petitioner had earlier also filed petitions seeking bail. His first petition, being Cr.MP(M) No. 786 of 2018, was dismissed by this Court vide order dated 28th August, 2018. Subsequently, he preferred second petition, being Cr.MP(M) No. 105 of 2019, which was dismissed as withdrawn. Thus, the petitioner has come to this Court third time seeking his bail. The petitioner, like in his earlier petitions, reiterated that he is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of the place, so he may be released on bail.

(3.) In the earlier bail petition (Cr.MP(M) No. 1153 of 2019), this Court tersely summed up the facts of the case. Again, the facts, which have emerged from prosecution story, are that on 20.10.2014, NCB team was on routine surveillance duty at Kullu. At about 06:30 p.m., a secret information was received that co-accused Nilmani will come near span, which is situated at some distance ahead to village Shat towards Manikaran, around 08:30 p.m and 09:00 p.m., and he will give signal of torch towards the village, situated at the other side of the hill and then the villagers will send 15 to 20 kgs of charas through the span towards co-accused Nilmani and he will pick up the contraband. The secret information was given on telephone. A surveillance operation was planned and for interception of the accused persons a team was constituted. NCB team laid a nakka near Shat village and waited for accused Nilmani. Around 08:30 p.m. a person came towards village Shat and near the span he gave signal with torch. After 5-7 minutes some material came through span to the side and the person waiting there picked up the same. The person, who collected the material from the span, was apprehended. That person disclosed his identity as Nilmani alias Nitu. The accused alongwith the bag was taken to NCB, Sub Zone Office, Mandi, where the bag was checked and it was found stuffed with dark brown colour substance, which was wrapped with polythene papers, in the shape of biscuit and square. The recovered substance was tested with the help of drugs detection kit and the same was found to be charas. The recovered contraband was weighed and it was found to be 19.780 kgs. Thereafter, requisite codal formalities were completed. During the course of investigation one Khekh Ram was found to have supplied the contraband to accused Nilmani, but he remained absconded. Accused Khekh Ram subsequently surrendered and his custody was handed over to NCB, Mandi. During the course of investigation it was unearthed that accused Mohar Singh and Ambri Lal were instrumental in arranging the consignment of charas to co-accused Nilmani alias Nitu. Mobile records of the accused persons reveal that accused persons remained in constant touch with each other. Owner of the span stated that on 20.10.2014 a person, namely Ram Lal (petitioner herein) came to him with two bags and asked him to send those bags through his span and he did not divulge about the contents of the bags. The petitioner was found to have used mobile No. 9816559297, through which he made several calls. The petitioner was issued notices under Section 67 of the ND & PS Act, but he did not turn up and remained absconded. The investigation further revealed that the petitioner was supplier of the charas. Lastly, it is prayed that as the petitioner was found involved in a serious offence and he also remained absconded, the bail petition be dismissed, as there is apprehension that the accused might flee from justice in case, at this stage, he is enlarged on bail and there is also a possibility that he may tamper with the prosecution evidence and there is no change in the circumstances.