Hp No. 01 of 2597 · High Court of Himachal Pradesh · 2008

The Hon(cid:146)ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. R.L. Chudhary, Advocate. For the Respondent : Mr. Ansul Kumar Bansal , Additional Advocate General. Kuldip Singh, Judge. (Oral)

This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.501, registered at Police Station, Sadar, District Mandi on 1.12.2007 under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short, the Act). The status report has been filed.

Heard and perused the record. The prosecution case is that on 1.12.2007 at about 7 A.M. Rajesh Kumar Inspector and others were at Pulgharat for patrolling and nakabandi. HC Sanjeev Walia informed Rajesh Kumar inspector that three persons were coming in esteem car bearing registration No.CH-01K-6476 from Sundernagar side having cocaine in their possession and Maruti Van No.HP-01-2597 was escorting the aforesaid Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 esteem car. The information was reliable and therefore, written information under Section 42(2) of the Act was sent through Jyoti Parkash constable. The independent witnesses were joined and naka was laid. At about 8.20 AM Maruti Van No.HP-01-2597 came from Sunderenagar side, it was checked and three persons namely Tilak Raj, Het Ram and Bhim Singh, who were sitting in the Maruti Van were overpowered but nothing incriminating was found in the Van during search. At about 8.40 AM esteem car No. CH- 01K-6476 came from Sundernagar side, it was stopped and in this car also three persons were found traveling who were also overpowered. They disclosed their names as Gurdip Singh, Ram Pal and Mohinder Pal. On search from the jacket of Ram Pal, petitioner in polythene envelope cocaine weighing 570 grams was recovered, two samples of five grams each were taken for analysis. The occupants of both the cars were arrested. On chemical analysis, the sample was found to contain cocaine 52.32% W/W. Ram Pal was booked, under Section 21 of the Act, whereas Het Ram, Mohinder Pal, Gurdeep Singh, Tilak Raj and Bhim Singh were booked under Section 29 of the Act. The challan was submitted before the learned Addl. Sessions Judge but now the case is fixed before the learned Sessions Judge on 27.11.2008. Het Ram, Mohinder Pal, Gurdeep Singh, Tilak Raj and Bhim Singh have been released on bail by this Court. The prosecution has opposed the bail application of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent. He has been falsely implicated in the case. There were in all six accused and five of them have been released on bail by this Court. The continuous detention of the petitioner in no way will help the prosecution. The petitioner is ready to furnish bail bonds as per direction of this Court. The learned counsel for the petitioner has prayed for releasing the petitioner on bail. The learned Addl. Advocate General has opposed the 3 bail application on the ground that the cocaine was recovered from the petitioner and prima facie case has been established against the petitioner. He has submitted that in these circumstances, the petitioner can not take help from the fact that other five persons have been released on bail. I have considered the rival contentions of learned counsel for the parties. The prosecution case is that 570 grams cocaine was recovered from the petitioner during naka, therefore, the petitioner cannot take benefit of the fact that bail has been granted to other five persons in the case. Prima facie prosecution has established case against the petitioner. The learned counsel for the petitioner has failed to make out any case for releasing the petitioner on bail, hence petition rejected. .

The observations made in this order are for disposal of this application and these shall not be treated as expression of opinion on the merits of the case. November 21, 2008 (sks) ( Kuldip Singh) Judge