LAWS(HPH)-2019-9-22

AMIT KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On September 06, 2019
AMIT KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

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. 36 of 2019, dated 12.02.2019, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station Badsar, District Hamirpur, 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 12.02.2019, a police party had laid a nakka at place Galu Road Ravinda Lithyani, Badsar. At about 12.10 a.m., an Alto Car, having registration No. HP01-H-0880, was stopped for checking. The persons sitting inside the car, on seeking police, looked mystified. They disclosed their names as Amit Kumar (petitioner herein) and Sunil Kumar. During the search of the vehicle, police recovered a polythene packet, which contained heroin (chitta). On weighment, the contraband was found to be 40 grams. Thereafter, the police completed all the codal formalities and a rukka was sent to police station for registration of FIR. Police registered a case under the relevant Sections of ND &PS Act. Police prepared the spot map and also recorded the statements of the witnesses. The accused persons were arrested and during the course of investigation, it was unearthed that many cases have been registered against the petitioner. The recovered contraband was sent for forensic analysis and it was found to be the sample of Diactyle Morphine (Heroin). As per the police, on 10.04.2019 challan stands presented in the Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and there is possibility that in case at this stage he is enlarged on bail, he may flee from justice or tamper with the prosecution evidence.