DALIP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 99 of 2019, dated 24.04.2019, under Sections 21 and 29 of the ND&PS Act, registered in Police Station Sadar Bilaspur, District Bilaspur, 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 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 24.04.2019, at about 06:20 a.m., a police team laid a nakka at place Nauni Chowk and stopped a taxi, bearing registration No. HP01A-4615, for checking. There were three occupants in the said taxi. The driver disclosed his name as Chaman Sharma (co-accused) and other two occupants divulged their names as Dalip Kumar (petitioner herein) and Ram Pal (co-accused). The petitioner and other accused could not give any satisfactory reply when they were asked about the First Aid Kit, which was kept the front passenger seat. Police associated independent witnesses and checked the said First Aid Kit, which contained some substance, which was Heroine. On weighment, the contraband was found to be 101.72 grams. Therafter, the police completed all the codal formalities. The petitioner and the accused persons were arrested. Statements of the witnesses were recorded. The accused persons and the petitioner were medically examined. The petitioner disclosed to the police that he purchased the contraband from one Negro. On scientific analysis report revealed that the sample is that of Heroine. As per the police, the contraband has been purchased by the accused and the petitioner from some unknown Negro. On 07.06.2019 challan stands presented in the Court. The coaccused persons were enlarged on bail by the learned Trial Court.