IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 1st DAY OF SEPTEMBER, 2022 BEFORE HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CRIMINAL MISC. PETITION (MAIN) No. 1810 OF 2022 Between:-

MITHUN S/O SH. AJAY KUMAR R/O VPO CHHANI, TEHSIL INDORA, DISTRICT KANGRA, H.P.

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

AND STATE OF HIMACHAL PRADESH.

……RESPONDENT (BY MR ARVIND SHARMA, ADDITIONAL ADVOCATE GENERAL)

HC RANJIT SINGH 19, I.O.

POLICE STATION DAMTAL, DISTRICT KANGRA, HP PRESENT IN PERSON

1 WHETHER APPROVED FOR REPORTING? Yes This petition coming on for orders this day, the Court passed the following:

O R D E R

The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal

1Whether reporters of Local Papers may be allowed to see the judgment? yes Procedure, seeking his release in case FIR No. 100 of 2022, dated 02.06.2022, under Sections 21-61-85 of 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. Further, he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident otf the place. 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 02.06.2022, police party was on patrolling duty at Indora mod . Around 9:10 am, police received a secret information that accused Mithun alias Chapad (petitioner herein) is indulged in illicit trade of heroin and if raid is conducted at his house, huge iquantity of heroin can be recovered from his possession. Since information received was reliable, HC Vipan Kumar sent information under Section 42(2) ND & PS Act to ASP/SDPO Nurpur through Constable Sandeep Kumar and thereafter Investigating Officer constituted a raiding party by associating two independent witnesses, namely Ashwani Kumar and Setha Ram. Thereafter, the police party searched the house of the petitioner in presence of the independent witnesses. During search, one polythene packet concealed inside a teddy bear in the guest room was recovered. On further search of the house, a packet containing currency notes and a digital scale were also recovered. On opening the polythene packet, white and light brown powdery granules were found, which, with the help of Drugs Detection Kit, found to be heroin. On weightment, the contraband was found 5.86 grams with polythene packet. On checking the another packet, currency notes of Rs. 8,320/- of tdifferent denomination were found. Consequently, FIR NO. 100 of 2022, dated 02.06.2022, under Sections 21-61-85 of ND & PS Act came to be registered against the petitioner. The petitioner was arrested and thereafter all the codal formalities were completed. Lastly, it is prayed that the bail appl ication of the petitioner be dismissed, as the petitioner has committed a serious crime and in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from ijustice.

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(s), carefully.

5. The learned Counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in the present case. He has argued that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of the place and no fruitful purpose will be served by keeping him behind the bars for an unlimited period, as investigation is complete and the custody of the petitioner is not at all required by the police for any purpose. So, the petition may be allowed and the petitioner may be enlarged on bail.

6. Conversely, Mr. Arvind Sharma, learned Additional Advocat