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Ranjit Singh vs State of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 12 December 2011 · Citation: (2011) 12 SHI CK 0327

HON’BLE JUDGES
Kuldip Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 20
RESULT
Dismissed
CASE NUMBER
Criminal M.P. (M) No. 1002 of 2011
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Judgment

6 paragraphs · 386 words

Kuldip Singh, Judge

1.

This is an application u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No.241/2011 dated 26.11.2011, registered at Police Station, Theog, u/s 20 of Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

It has been stated in the application that the petitioner has been falsely implicated in the case. The petitioner is innocent, he has committed no offence. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail.

3.

The status report has been filed. It has been stated that on 26.11.2011 at about 5.15 a.m., the police party was checking the vehicles, a car came from Deha side and it was signalled to stop. The two occupants of the car after stopping the car taking the advantage of darkness fled away from the spot. They were chased, but could not be caught. The car No. HP-09B-0321 was checked and ''charas'' weighing 14 kg 100 grams was recovered from the car. The sampling and sealing were done on the spot.

4.

It has been stated that it has come in the investigation that petitioner and his father Kewal Ram were in the car when it was stopped, but both of them ran away. It has been stated that Kewal Ram was later on arrested and he is in custody. It has also been stated that Kewal Ram is undergoing sentence in a case under Narcotic Drugs and Psychotropic Substances Act in which he has been sentenced to suffer imprisonment for 10 years and he was on parole. It has also come in the investigation that during interrogation Kewal Ram has disclosed that his son Ranjit Singh petitioner was with him when the car was stopped at the ''Naka''. The allegations against the petitioner are serious. According to the Investigating Agency huge quantity of ''Charas'' weighing 14 kg 100 grams was recovered from the car. In view of serious allegations against the petitioner, the petitioner is not entitled to indulgence of bail u/s 438 Cr.P.C. Accordingly, the application is dismissed.

5.

The observations made in the judgment are for the disposal of the bail application and shall not be construed as expression of opinion on the merits of the case.