IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.M. No. 304 of 2008. Date of decision: 9.4.2008. Bhim Singh ….. Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. R.L.Chaudhary, Advocate. For the Respondent : Mr. A.K.Bansal, Addl. Advocate General. Kuldip Singh, Judge (oral). This is an application, under Section 439 of the Code of Criminal Procedure, for releasing the petitioner on bail in case FIR No. 501 of 2007, dated 1.12.2007, registered at Police Station Sadar, Mandi, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act). 2. The respondent has filed the status report. Heard and perused the record. The prosecution case is that on 1.12.2007 there was prior information with the police that there are three persons travelling in esteem car bearing registration No. CH-01K-6476 carrying cocaine and this car is being escorted by maruti van bearing registration No. HP-01-2597. On this information, a nakka was laid near Pulgharat on National highway No.21. At about 8.20 a.m. aforesaid van came from Sundernagar side. It was stopped on signal Whether the reporters of the local papers may be allowed to see the Judgment? …2… and checked. In the van, three youths were found sitting and their mobile phones were taken into possession. On inquiry, they disclosed their names Tilak Raj, Het Ram and Bhim Singh (the petitioner). The van and the youths were searched, but nothing incriminating was found. At about 8.40 a.m. aforesaid esteem car came from Sundernagar side, it was also stopped on signal and checked. In this car also three youths were found sitting. On inquiry, they disclosed their names Gurdeep Singh, Ram Pal and driver Mohinder Pal. These persons were also searched and from the personal search of Ram Pal 570 grams cocaine was recovered, two samples of five grams each were taken for analysis. The occupants of both the cars were arrested. On chemical analysis, the sample was found to contain cocaine 52.32% W/W. Ram Pal was booked, under Section 21 of the Act and other accused including the petitioner, under Section 29 of the Act. The mobile phones of Ram Pal, Het Ram, Gurdeep Singh, Mohinder Pal and Tilak Raj were taken into possession. On these facts, the prosecution has submitted that the involvement of the petitioner is very much established in the case. 3. The bail application has been filed on behalf of the petitioner on the grounds that petitioner even remotely has no connection with the case. No recovery was made either from the van or from persons, who were travelling in the van at the time of alleged recovery of cocaine from esteem car. The petitioner is the driver of the taxi and he was carrying passengers to Mandi. He is innocent. There is nothing on record, prima facie, to establish the conspiracy or abetment of the offence by the petitioner. No mobile phone was …3… recovered from the petitioner. The petitioner is resident of village Latho (Kot) Tehsil Karsog and he will comply with the terms and conditions of the bail in case he is released on bail. The petitioner earlier filed a bail application, which has been rejected by the learned Sessions Judge, Mandi on 14.3.2008. 4. The bail application has been opposed by the learned Additional Advocate General on the ground that the involvement of petitioner in the case has been established from the evidence collected during investigation. The van which was being driven by the petitioner was escorting the esteem car in which Ram Pal was travelling alongwith other two more occupants and the cocaine was recovered from the person of Ram Pal. It has been submitted that petitioner is involved in a serious case, therefore, bail may not be granted to him. 5. I have gone through the record. No recovery has been made from the petitioner or any other persons who were sitting in the van nor from the van which was being driven by the petitioner at the relevant date and time. As per prosecution the van was stopped at Nakka at about 8.20 a.m. and the esteem car in which Ram Pal was sitting and from whose possession cocaine was recovered was stopped at Nakka at about 8.40 a.m. No mobile phone was recovered from the petitioner so as to establish that he was in direct contact with the occupants of the esteem car. There is nothing on record to show that petitioner will commit similar type of offence again. The petitioner has made out a case for grant of bail. Accordingly, the application is allowed and the petitioner is ordered to …4… be released on bail in case FIR No. 501 of 2007 dated 1.12.2007, registered at Police Station Sadar, Mandi, under Sections 21 and 29 of the Act, on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned Sessions Judge, Mandi subject to the conditions that he will not hamper the investigation or tamper with the prosecution evidence in any manner. 6. Any observation made herein above shall not be construed as an expression of opinion on the merits of the case. 7. Dasti copy on usual terms. April 9, 2008. ( Kuldip Singh ) (Hem) Judge.