ADITYA THAKUR 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 grant of bail in case FIR No. 59/2019, dated 08.03.2019, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered at 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. Further, he is resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from Whether reporters of Local Papers may be allowed to see the judgment? Yes. justice.

(3.) Police report stands filed. As per the prosecution story, on 07.03.2018, a police party had laid a nakka at place Kothipura. Around 08:05 p.m., an Alto Car, having registration No. HP58-4199, was stopped for checking. On seeing police, the persons sitting inside the car got perplexed. The police associated Shri Dharam Pal, as independent witness and in his presence, the occupants of the vehicle disclosed their names as Chetan Singh (driver), Paras Thakur, Aditya Thakur (petitioner herein) and Nihal Singh. During the search of the vehicle, police recovered a polythene packet, containing heroin (chitta). On weighment, the recovered contraband was found to be 48 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 and interrogation the petitioner and the co-accused divulged that they went to Delhi for bringing the contraband. They further disclosed that they purchased the contraband from some unknown person. As per the petitioner and the co-accused they are habitual of consuming chitta, so for their personal use they purchased the contraband. The recovered contraband was sent for forensic analysis and it was found to be the sample of Diactyle Morphine (Heroin). As per the police, challan stands presented in the Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found 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.