ANOOP CHITKARA,J. - (1.)An under-trial prisoner, holder of Nigerian Passport, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking bail, under Section 21 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), for selling 20.5 grams of heroin (Diacetylmorphine).
(2.)Based on a First Information Report (FIR), the police arrested the petitioner, on 12.12.2019, in FIR No.159 of 2019, dated 7.12.2019, registered under Sections 21 and 29 of the NDPS Act, read with S. 201 of Indian Penal Code, 1860, (IPC), in Police Station, Bhawarna, District Kangra, Himachal Pradesh, disclosing cognizable and non-bailable offenses.
(3.)Earlier, the petitioner filed a petition under Section 439 CrPC before learned Special Judge, Kangra at Dharamshala, HP. However, vide order dated 29.01.2020, the Court dismissed the petition, on the grounds that upon noticing the Police, the accused had run for kilometer, before the Police caught him. Thus, the apprehension of the prosecution qua non-availability of the bail-petitioner can safely be said to be well-founded. There is a risk of fleeing from Justice, coupled with the fact that he was the main supplier of drugs. Before proceeding further, this Court would like to clarify that the story of Police qua chasing and nabbing prima facie appears to be a setup. It is quite unbelievable that they will be able to chase and catch a young African Male, that too on busy Delhi roads, especially when he was more accustomed to Delhi streets.
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