CHETAN NAINTA 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. 166 of 2019, dated 15.08.2019, under Sections 21 and 29 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 resident of 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 15.08.2019 a police team was on patrol duty towards Saproon, Vegetable Market, Chambaghat etc. and when at about 04:00 p.m. they were present near the Gate of Vegetable Market, police got a secret tip off that the petitioner, who is present in his rented accommodation at Chamunda Colony, Near Kather, alongwith one Vikram Kumar, is dealing in sale and purchase of chitta (heroin). Police formed a raiding party and also associated one independent witness, Shri Kanwar Raj. On being knocked, a boy opened the door and he disclosed his name as Chetan Nainta (petitioner herein). One more person was inside the room, who disclosed his name as Vikram Kumar (co-accused). Police party offered their search and the petitioner himself searched the officials of the raiding party. Thereafter, the police conducted the search of the accommodation and recovered an electronic weighing scale and chitta (heroin). On weighment, the recovered contraband was found to be 7.36 grams. Thereafter, the police conducted all the codal formalities. Police clicked the photographs and also videographed the proceedings. Rukka was sent to the police station, whereupon FIR was registered. A spot map was prepared and the statements of the witnesses were recorded. The petitioner and co-accused Vikram were arrested. During the course of interrogation and investigation the petitioner divulged that on 12/13.08.2019 when he went to Delhi for procuring heroin one Rahul Chauhan (co-accused) was with him. He has further divulged that Rahul Chauhan purchased heroin from one Nigerian at Delhi and when they returned, they divided the contraband. Thereafter, the police procured the call details, which revealed that the petitioner accompanied co-accused Rahul Chauhan. On 16.08.2019 co-accused Rahul Chauhan was also arrested and during the course of investigation he revealed that he alongwith the petitioner purchased the heroin from one Nigerian at Delhi. 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.