Kuldip Singh, Judge (oral).
This is an application under Section 439 Cr.P.C, for releasing the petitioner on bail in FIR No. 120 of 2011 dated 24.8.2011, registered at Police Station, Aut, District Mandi, under sections 279, 337, 379 IPC, sections 32, 33, 41, 42 of Indian Forest Act and Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).
2. It has been stated in the application that petitioner has nothing to do with the alleged offence. The story of the prosecution that petitioner sped away from the spot is false, the petitioner has been falsely implicated in the case in order to tarnish his image in general public.
3. The petitioner earlier filed bail application, which has been dismissed by the learned Special Judge (ASJ), Mandi on 14.9.2011 The learned Special Judge (ASJ) has erred in dismissing the bail application of the petitioner. The petitioner is ready to furnish the bail bonds in accordance with the directions of this court. The prayer has been made for releasing the petitioner on bail.
4. The status report has been filed. It has been stated that ASI Ashwani Kumar and others were on Nakka duty, a tata sumo vehicle came from Banjar side, which was signaled to stop but the driver of the vehicle instead of stopping the vehicle, sped away towards Bali Chowki. The vehicle was chased by ASI Ashwani Kumar, near taxi stand, Bali Chowki he found that the vehicle had met with an accident near Tirthan Khud after hitting one Ajay Sharma, who sustained several injuries. On inquiry, it was found that petitioner was driving the vehicle. There was none in the vehicle except the petitioner. The documents of the vehicle were taken into possession so also 7 gunny bags full, 4 gunny bags half of herb ‘Nag Chhatri’ weighing 250 Kg. alongwith 300 grams cannabis. The sealing and sampling was done on the spot. The petitioner was arrested on 25.8.2011 As per FSL report the sample contains 34.69W/W cannabis. It has been stated that FIR No. 601 dated 11.12.2008 under sections 41, 42, 32, 33 of Indian Forest Act and section 379 IPC, FIR No. 395 dated 20.10.2009, under sections 20, 29 of N.D.P.S Act, 1985 have been registered against the petitioner at Police Station, Kullu, FIR No. 33 of 2008 has been registered against the petitioner under sections 41, 42 of Indian Forest Act and section 379, 34 IPC at Police Station, Swarghat.
5. The bail application has been opposed by the learned Additional Advocate General on the basis of status report. I have considered the rival contentions on either side and have also gone through the police file. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated, there were other persons sitting in the vehicle. The petitioner has been acquitted in an earlier case registered against him under N.D.P.S Act, 1985. The prosecution story is false.
6. The investigating agency has alleged that petitioner was signaled to stop at the Nakka, but instead of stopping the vehicle, he sped away and after some time he hit Ajay Sharma and met with an accident. It has been alleged that petitioner is in the habit of committing offence. It is the case of the investigating agency that huge quantity of herb ‘Nag Chhatri’ forest produce was recovered from the vehicle alongwith charas, which the petitioner alone was driving. In the past also, the cases have been registered against the petitioner. Thus, keeping in view the entire facts and circumstances of the case, the petitioner is not entitled to bail at this stage. Consequently, the application is rejected.