IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA BEFORE HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CRIMINAL MISC. PETITION (MAIN) NO 1199 OF 2022 Between DALIP KUMAR @ KAKA AGED ABOUT 38 YEAS S/O SH. ASHOK KUMAR R/O VPO CHHANNI, TEHSIL INDORA & DISTRICT KANGRA, H.P.

….PETITIONER (BY MR. VIJENDER KATOCH, ADVOCATE)

AND STATE OF HIMACHAL PRADESH ….RESPONDENT (BY SH. SHIV PAL MANHANS, ADDITIONAL ADVOCATE GENERAL)

Whether approved for reporting? YES.

RESERVED ON 4.8.2022 DECIDED ON 5.8.2022 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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The petition coming on for order this day, the Court passed the following:

O R D E R

The instant petition has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 99 of 2020, dated 31.07.2020, under Section 22-61-85 of the ND&PS Act, registered at Police Station Damtal, District Kangra, 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 the place, thus 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. Tersely the facts of the case, as iemerge from the records, are that on 31.7.2020, at around 1:15 pm, Head Constable Rajesh Kumar along with Constable Sarvesh Kumar was on patrolling duty in connection with detection of cases under the Excise/NDPS, Act. When they reached near Railway/Crossing via Surajpur, they saw a person, who is coming on his motorcycle from Mohtali side and is going towards Surajpur. On seeing the police officials, he turned his motorcycle quickly towards katcha path. On the basis of suspicion, the police party chased and apprehended him.

He was asked to produce the requisite documents pertaining to his vehicle. At the relevant time, Rakesh Kumar along with his son Ashish Kumar came there and petitioner was apprised about tPhe situation.

Petitioner divulged his name as Dalip Kumar, petitioner herein. Thereafter, police asked the petitioner to produce the documents, but he kept his hand on the cover kit fixed on the petrol tank, therefore, the Investigating Officer strictly asked him to show the documents of the vehicle in question. Thereafter, the In vestigating Officer made him to open the cover of the tank and fromr there, one white & red colour carry bag was recovered. On checking, 485 mahroon colour intoxicated capsules (Marka Ridley) were found. The recovered capsules was again put in the same carry bag and on weighment, with the help of Digital Electronic Scale, it was found to be 328 grams. The recovered carry bag containing capsules was thereafter sealed in a cloth parcel with six seal ‘R’. Thereafter, the police completed all the codal formalities. Police prepared the spot map, recorded the statements of the witnesses and arrested the petitioner. During the course of interrogation, it has come on record that so many cases are registered against the petitioner under different sections. As per the police, after completion of the investigation, challan stands presented in the learned Sessions Court and the case is now listed for prosecution evidence on 20.8.2022. Lastly, it is prayed that considering the quantity of the recovered capsules, i.e., commercial quantity (328 grams), the fact that the trial is in its initial stage and in case, at this stage, if the petitioner is enlarged on bail, he may tamper with the prosecution evidence and flee from justice, the bail application of the petitioner be dismi.ssed.

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

5. Learned counsel for t he petitioner has argued that the story of the pr