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Himachal Pradesh High Court · body

2015 DIGILAW 388 (HP)

Gurpreet Singh v. State of H. P.

2015-04-22

P.S.RANA

body2015
JUDGMENT : P.S.Rana, Judge. Present petition filed under Section 439 of the Code of Criminal Procedure for grant of bail relating to FIR No. 307 of 2014 dated 10.12.2014 registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substance Act. It is pleaded that petitioner is resident of House No. 173 Sector No.4 Ward No.2 Thana Mandi Govindgarh Tehsil Amloh District Phatehgarh Sahib. It is further pleaded that petitioner has passed matriculation examination in the year 2008 conducted by Punjab School Education Board. It is further pleaded that the age of the petitioner is 23 years and petitioner is a student of B.Tech from RIMT Polytechnic College Mandi Govindgarh. It is further pleaded that petitioner is innocent and he has been falsely implicated in the present case. It is further pleaded that petitioner was driving vehicle in question at the relevant time and contraband was not in the knowledge of the petitioner. It is further pleaded that petitioner undertake to abide by the terms and conditions imposed by the Court. Prayer for acceptance of bail petition filed under Section 439 Cr.P.C sought. 2. Per contra police report filed. As per police report FIR No. 307 of 2014 dated 10.12.2014 has been registered against the petitioner under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substance Act at Police Station Sunder Nagar District Mandi HP. There is recital in police report that on dated 10.12.2014 at about 9.45 AM at place NH No.21 Pungh a car having registration No.PB-10 DB-7081 came and same was checked. There is recital in police report that after checking of bag 1.710 grams of cannabis was found. There is recital in police report that NCB form in triplicate was filled up and vehicle took into possession along with documents and key. There is recital in police report that photographs also obtained and site plan was also prepared. There is recital in police report that as per chemical analysis report the contraband was extract of cannabis which is a sample of charas. There is recital in police report that investigation is completed and challan stood filed in the Court of Special Judge Mandi on dated 11.3.2015. 3. There is recital in police report that as per chemical analysis report the contraband was extract of cannabis which is a sample of charas. There is recital in police report that investigation is completed and challan stood filed in the Court of Special Judge Mandi on dated 11.3.2015. 3. Following points arise for determination in present bail petition: (1) Whether petition filed under Section 439 of the Code of Criminal Procedure 1973 is liable to be accepted as mentioned in memorandum of grounds of bail petition?. (2) Final Order. 4. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of non-petitioner and also perused entire records carefully. Finding upon Point No.1. 5. Submission of learned Advocate appearing on behalf of the petitioner that petitioner is innocent and he has been falsely implicated in the present case cannot be decided at this stage. Same fact will be decided when case shall be decided on its merits by learned trial Court after giving due opportunity of hearing to both the parties to lead evidence in support of their case. 6. Another submission of learned Advocate appearing on behalf of the petitioner that any condition imposed by the Court will be binding upon the petitioner and on this ground bail petition be allowed is rejected being devoid of any force for the reason hereinafter mentioned. It is well settled law that at the time of granting bail following factors are to be considered (i) Nature and seriousness of offence (ii) Character of the evidence (iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with (vi) The larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others Vs. State (Delhi Administration. Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. It is prima facie proved on record that 1.710 grams charas was recovered from the possession of petitioner and case has been registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substance Act 1925. Section 29 of the Narcotic Drugs and Psychotropic Substance Act 1985 attracted upon a person who was in a criminal conspiracy relating to commission of offence under Narcotic Drugs and Psychotropic Substance. Section 29 of the Narcotic Drugs and Psychotropic Substance Act 1985 attracted upon a person who was in a criminal conspiracy relating to commission of offence under Narcotic Drugs and Psychotropic Substance. Whether petitioner has committed criminal conspiracy or not is a evidence of fact and same fact could not be decided at this stage of the case. The same fact will be decided when the case shall be disposed of on merits after giving due opportunity of hearing to both parties to lead their evidence in support of their case. In criminal conspiracy a criminal act is committed in furtherence of common intention. See AIR 1999 SC 1557 titled Chandrakant Vs. State of Maharashtra. It is well settled law that criminal conspiracy is an agreement between the parties to do a particular criminal act. See AIR 1999 SC 782 titled Sanjeev Kumar Vs. State of HP. Also see AIR 1999 SC 1086 titled Vijayan Vs. State of Kerala. It is well settled law that Narcotic Drugs and Psychotropic Substance Act 1985 is a special Act. It is well settled law that when there is conflict between special law and general law then special law always prevails. As per Section 37 of the Narcotic Drugs and Psychotropic Substance Act 1985 there are additional limitations for grant of bail in Narcotic Drugs and Psychotropic Substance cases. As per Section 37 of the Narcotic Drugs and Psychotropic Substance Act 1985 bail is prohibited when the offence under Narcotic Drugs and Psychotropic Substance Act 1985 involve commercial quantity. As per schedule annexed with the ND&PS Act 1985 1 Kg of charas falls in the category of commercial quantity. In the present case at this stage finding cannot be given that petitioner is not guilty of offence punishable under Section 29 of the Narcotic Drugs and Psychotropic Substance Act 1985. It is held that if the petitioner is released on bail at this stage then trial of the case will be adversely effected. It is held that if the petitioner is released on bail at this stage then interest of State and general public will also be adversely effected. 7. It is held that if the petitioner is released on bail at this stage then trial of the case will be adversely effected. It is held that if the petitioner is released on bail at this stage then interest of State and general public will also be adversely effected. 7. Submission of learned Additional Advocate General appearing on behalf of non-petitioner that if the petitioner is released on bail then petitioner will induce and threat the prosecution witness and on this ground bail petition filed by petitioner be rejected is accepted for the reason hereinafter mentioned. There is apprehension in the mind of the Court that if the petitioner is released on bail at this stage then petitioner will induce and threat the prosecution witness. Court is of the opinion that it is not expedient in the ends of justice to release the petitioner on bail at this stage. Hence point No.1 is answered in negative. Point No.2 (Final order). 8. In view of the above stated facts bail petition filed under Section 439 of the Code of Criminal Procedure 1973 is rejected. However learned trial Court will dispose of the case expeditiously because petitioner is in judicial custody. Observation made hereinabove is strictly for the purpose of deciding the present bail petition and it shall not effect merits of the case in any manner. Bail petition is disposed of. All pending application(s) if any are also disposed of.