JAI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for releasing him on bail in case FIR No. 104/2019, dated 13.10.2019, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Parwanoo, 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. to tamper with the prosecution evidence nor in a position to flee from justice and 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 13.10.2019, a police party had laid a nakka at place TTR, Parwanoo. Around 09:30 a.m., an Etios Car, having registration No. HP-64B-1903, was stopped for checking, in which two persons were sitting. On inquiry, the driver disclosed his name as Jai Kumar (present petitioner) and another person sitting on front seat disclosed his name as Virender Sharma @ Vicky. On suspicion, the car was checked and during the search of the vehicle, police recovered a polythene packet from the dash board of the car, which contained heroin (chitta). On weighment, the recovered contraband was found to be 68 grams. The police completed all the codal formalities on the spot and sent a rukka to police station for registration of FIR. Consequently, FIR No. 104/2019, dated 13.10.2019, under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act came to be registered against the petitioner.