MOHIT SEHGAL 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. 18 of 2018, dated 08.03.2018, under Section 20 of ND & PS Act, registered at Police Station Chintpurni, District Una, 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 resident of the place and 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 08.02018, around 12:15 a.m. police personnel had laid a nakka at place Thanikpura. Police intercepted vehicle bearing registration No. HP 20D-2743 and on asking the driver of the vehicle could not produce documents of the vehicle. Two more persons were sitting in the vehicle. Police recovered a polythene bag from the vehicle, which contained charas. The said contraband, on weighment, was found to be 427.69 grams. Police conducted the sealing formalities and the vehicle was taken into possession. Police registered a case against the petitioner and other co-accused. Statements of the witnesses were recorded and the spot was photographed. The petitioner was arrested. Sample of charas was sent for forensic analysis. Lastly, the prosecution has prayed that the bail application may be dismissed.