Point of Law: Where judicial discretion to admit the petitioner on bail, is required to be exercised in his favour.

ORDER :

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. 12/22, dated 6.1.2022, under Sections 22-61-85 of the ND&PS Act, registered at Police Station Paonta Sahib, District Sirmaur, 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 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 16.1.2022 at about 11.02 a.m. a police team was on routine patrol duty and then at about 11.40 a.m. near Primary School, Amarkot, Paonta Sahib, they received a secret information that the accused is indulged in the business of selling Drugs (narcotic capsules). On finding the information genuine, the police party proceeded to Amarkot. At about 12.05 p.m. they have reached to the house of accused and search of the house of the accused was conducted. During search, they found a knotted polythene bag from a steel almirah. On opening the polythene bag, they recovered 18 packets of restricted/narcotic tablets in which total 180 capsules were found. In each packet of restricted/narcotic tables “Parvion Spas Composition: Each Hard Geletin Capsule contains: Diclomine Hydrochloride I.P. 10 mg. Tramadol Hydrochloride I.P. 50 Mg, Acelaminophen, I.P. 325 mg.” was written. When the police asked about theses tablets, the accused could not produce any permit for keeping these tablets. On weighing the 180 tablets so recovered from the accused, it was found to be 132.73 grams. Police completed all the codal formalities and the petitioner was arrested. A case under the apt Section of ND&PS was registered and the investigation ensued. Police recorded the statements of the witnesses and prepared the spot map. It is prayed that at this stage, the bail application of the petitioner be dismissed.

4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully.

5. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the petitioner is 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 the petitioner behind the bars for an unlimited period, as investigation is complete; nothing remains to be recovered at the instance of the petitioner and challan stands presented in the learned Trial Court. The custody of the petitioner is not at all required by the police for investigation, so the petitioner is required to be enlarged on bail by allowing the instant bail application. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence and considerable quantity of narcotic substance was recovered from his possession, so in case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice. It is prayed that the bail application of the petitioner be dismissed.

6. In rebuttal the learned Counsel for the petitioner has argued that the petitioner is neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. His custody is not at all required by the police, as the investigation is complete, nothing remains to be recovered at the instance of the petitioner, even challan stands presented in the learned Trial Court. Moreover, the petitioner is behind the bars for about one month and cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant bail petiti