BELI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 218 of 2016, dated 23.20.2016, under Section 18 of ND & PS Act, registered at Police Station Kullu, District Kullu, 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 210.2016, at about 03:55 a.m., when a police party was at place Sishamaati, they spotted the petitioner coming on foot. The petitioner, on seeing vehicle of the police threw a bag, which he was carrying on his shoulder. On the basis of suspicion, the petitioner was apprehended and inquired. Due to odd hours no witness could be associated, so in presence of official police witnesses the bag, which was thrown by the petitioner, was searched. The said bag contained some black liquid substance. The police personnel, on the basis of experience, found it to be opium and on weighment it was 826 grams.