AJAY KANWAR 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. 211 of 2019, dated 06.10.2019, under Section 21 of the ND & PS 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 permanent resident of District Shimla 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 06.10.2019, at about 07:30 p.m., a police team was on patrol duty at place Shamlech Pul, Near Saahani Junk Shop NH 5. A person, who was carrying a bag on his shoulder, on seeing police took a slew and started hurriedly walking towards the back side. On suspicion the police apprehended the said person. Police associated two independent witnesses and in their presence the nabbed person disclosed his name as Ajay Kanwar (petitioner herein). In presence of the witnesses, the police checked the bag of the petitioner and found some brownish substance, which was wrapped in a plastic pouch. Police also recovered currency notes of denominations 2000 x 1, 500 x 21, 200 x 8, 50 x 12 and 100 x 7, in total an amount 15,400/- (rupees fifteen thousand four hundred) was recovered. The recovered brownish substance was found to be heroin and on weighment it was found to be 7.12 gms. Thereafter, the police completed all the codal formalities and a case was registered against the petitioner. Police prepared the spot map and also recorded the statements of the witnesses. The petitioner was arrested and during the course of investigation, he divulged that he is a truck driver and a drug addict. The petitioner further divulged that he used to purchase heroin from different people in small quantities for his consumption. On being chemically tested, the recovered stuff was found to be sample of Diacetyl morphine (Heroin). As per the police, after completion of investigation, on 22.11.2019 challan was presented in the learned Trial Court and now the case is listed on 03.12.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.