JUDGMENT : Chander Bhusan Barowalia, J. The present bail application has been moved by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail, in case FIR No. 57 of 2016, dated 05.03.2016, under Sections 20, 25 and 29 of the ND&PS Act, registered in 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 may be released on bail. 3. Police report stands filed. As per the prosecution story, on 05.03.2016 a police team laid nakka at place Shirad Pooli. At about 09:15 a.m. a vehicle stopped before the bridge and driver and passenger sitting on front seat ran towards the nearby orchard. Two passengers, who were sitting on the rear seat, also ran towards the orchard. While they were running they threw a bag. Police chased them and nabbed the driver and other person sitting on the front seat, whereas persons sitting on the rear seat could not be apprehended. The nabbed persons disclosed their names as Saleem Mohammad and Intzaar Ali. Police in presence of independent witness checked the bag thrown by the accused persons and found total 5.650 kg charas, which was enwrapped in five polythene packets. Thereafter, the police completed all the formalities. The nabbed accused persons disclosed the names of other accused persons, who managed to flee from the spot. Police prepared the spot map and also recorded the statements of the witnesses. The petitioner, who managed to flee, was arrested on 01.05.2016. The sample of recovered stuff was sent for scientific analysis and upon analysis it was found to be sample of cannabis. During the course of investigation it was unearthed that the accused persons purchased cannabis from one Pankiya, who is in custody. Challan stands presented in the Court and prosecution witnesses are being examined. Lastly, the prosecution has prayed that the petitioner was found involved in transporting huge quantity of charas and in case he is enlarged on bail he will repeat the offence, so the application may be dismissed. 4.
Challan stands presented in the Court and prosecution witnesses are being examined. Lastly, the prosecution has prayed that the petitioner was found involved in transporting huge quantity of charas and in case he is enlarged on bail he will repeat the offence, so the application may be dismissed. 4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the report of the police, carefully. 5. The learned Counsel for the petitioner has argued that the petitioner is innocent and he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail. Conversely, learned Additional Advocate General, has argued that the petitioner was found involved in transporting huge quantity of charas and in case he is enlarged on bail there is likelihood that he may flee or may indulge in such offence again. He has argued that at this stage the petitioner may not be released on bail and his application be dismissed. 6. In rebuttal, the learned counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, so he may be enlarged on bail. 7. At this stage, considering the quantity of charas, i.e., 5.650 kgs, the fact that trial is likely to conclude, there is likelihood that in case the petitioner, if enlarged on bail, may flee or indulge in such activities again and all other material which has come on record and without discussing the same at this stage, this Court does not find it a fit case to exercise the judicial discretion to admit the petitioner on bail. 8. The petitioner, which is devoid of merits, deserves dismissal and is accordingly dismissed.