IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP (M) No. 208, 209 & 210/2009 Date of decision: 6.4.2009 Cr.MP (M) No. 208/2009 Nanak Chand. …..Petitioner Versus State of H.P. ……Respondent Cr.MP (M) No. 209/2009 Rajinder Kumar. …..Petitioner Versus State of H.P. ……Respondent Cr.MP (M) No. 210/2009 Chuhar Singh. …..Petitioner Versus State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 For the petitioner: Mr. Sanjeev Kuthiala, Advocate For respondent : Mr. J.S. Guleria, Assistant Advocate General. Surinder Singh, J. (Oral) The above three petitions arising out of the same FIR, are disposed by a common order. The petitioners in the above titled petitions have sought pre-arrest bail under Section 438 of the Code of Criminal Procedure in FIR No. 26/2008 dated 5.8.2008 registered in Police Station Padhar at Drang, District Mandi, 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes. - 2 - H.P. under Sections 15, 61 & 85 of the NDPS Act, 1985. Pursuant to the notice of this application to the State, report has been filed and the bail of the petitioners has been objected to. I have heard learned counsel for the parties and have gone through the file of the investigating officer produced today in the court. Precisely, case of the prosecution is that police party headed by S.I. S.H.O. Prem Dass was on patrolling near Phagni Mod in Drang area. At about 7.30 p.m. when police party was traveling in a vehicle they spotted eight persons each carrying gunny bags, coming on foot from the opposite side. When the police party alighted from the van, on seeing them, all the persons ran away from the spot leaving behind their loads. They were chased but could not be apprehended. Out of eight persons, the police official Head Constable Leela Dhar and Constable Home Guard Chint Ram could identify only Safardeen son of Souju Ram resident of Baga PO Bathedi Tehsil Sadar District Mandi. On the spot police took the samples from each of the eight bags, which contained ‘poppy husk’, as per procedure. The samples were sealed and remaining gunny bags were also sealed and marked separately. N.C.B. forms in triplicate were also filled up. Case property was - 3 - taken into possession in presence of the witnesses and thereafter deposited in the Malkhana and samples were sent for analysis. The police started hunt to arrest Safardeen aforesaid, but in vain. It is alleged that Safardeen was arrested in another case of opium in FIR No. 28/2009 registered in Police Station Padhar on 12.2.2009. Thereafter police arrested him in the instant case on 25.2.2009. During interrogation, it is alleged that he had supplied the names of other co-accused involved in this case. Out of them, four have been arrested whereas petitioners apprehending their arrest have applied for the anticipatory bail. Pursuant to the last orders, each of the petitioners have reported to the police for their interrogation. Prima facie, the establishment of the petitioners in this case through legal evidence is not there. However, the case is still under investigation therefore, petitioners have their case for pre-arrest bail. Accordingly interim bail granted 3.3.2009 is hereby confirmed on the further conditions that the petitioners shall not commit similar offence in future and shall cooperate with the investigation of this case to take it to a logical end. Accordingly the petitions are disposed of. April, 6, 2009 (Surinder Singh),J. (cm)