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Himachal Pradesh High Court · body

2016 DIGILAW 1322 (HP)

Gurdass Singh v. State of H. P.

2016-07-11

DHARAM CHAND CHAUDHARY

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JUDGMENT : Dharam Chand Chaudhary, J. Petitioner is an accused in FIR No.70/16, registered against him under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act in short, in Police Station, Palampur, District Kangra with the allegations that the police of Police Station, Palampur, while on patrol duty and conducting traffic checking at SSB Chowk, received a secret information that charas is being transported in an Alto Car bearing registration No.HP01-M-2294 being driven from Baijnath to Palampur side. The information was reduced into writing and forwarded to SDPO, Palampur through the Police Personnel. The Police Party left towards Baijnath road. One constable was deputed to bring someone for being associated as independent witness. The said constable brought two persons with him, who were associated to witness the search and seizure. Around 5.50 p.m. the car was seen coming from Baijnath side. The Police signaled the person driving the car to stop it. The car was stopped and antecedents of the person on its wheel and other persons were inquired into. It is thereafter the search of the car was conducted. One bag was recovered from its Dickey. It is inside this bag, another polythene bag was found to be kept. Some black substance in the shape of sticks was recovered from that bag. The I.O., on the basis of his experience, found the recovered substance as charas. It was weighed and found one kilogram. The recovered charas was sealed in a parcel. The sample of seal was obtained separately. NCB-I Form was also filled-in in triplicate. On completion of the investigation on the spot, the accused was brought to Police Station. The case property was deposited in the Malkhana. The investigation, except for the receipt of report from the Laboratory, is complete, however, challan has not been filed so far. 2. The accused petitioner has been arrested on the same day and is presently in judicial custody. 3. Learned counsel has argued with all vehemence that in view of the contraband allegedly charas weighing one kilogram being below commercial quantity, the rigours of Section 37 of the Act, are not applicable and the accused-petitioner, who according to learned counsel, is a local resident, has been sought to be released on bail. 4. 3. Learned counsel has argued with all vehemence that in view of the contraband allegedly charas weighing one kilogram being below commercial quantity, the rigours of Section 37 of the Act, are not applicable and the accused-petitioner, who according to learned counsel, is a local resident, has been sought to be released on bail. 4. On the other hand, learned Additional Advocate General while making reference to the notification issued under the Act, has contended that the quantity of charas recovered from the accused is commercial. According to him, otherwise also the recovery of one kilogram charas from the accused petitioner, he is not entitled to be admitted on bail. 5. It is seen that learned Special Judge-III, Kangra at Dharamshala, has dismissed the similar application filed by the accused-petitioner vide order Annexure A-2, to this petition. I am not entering upon the controversy that the quantity of the recovered charas is commercial or not and leave it open to be discussed in some other appropriate case, however, so far as this application is concerned, even if it is believed that the quantity of the recovered substance allegedly charas is below commercial quantity, the accused petitioner is not entitled to be admitted on bail for the reasons that the offence committed by him is not only against an individual but society as a whole. It is noticed that the illicit trafficking of drugs and narcotic substance is playing havoc in the society, particularly with our young generation. Therefore, the accused-petitioner, who prima facie has been found to be carrying charas weighing one kilogram, is not entitled to be admitted on bail. Since nothing has come in the investigation about the source, learned Special Judge has rightly observed that in the event of the accused-petitioner is admitted on bail, he may again indulge in illicit trafficking of the Narcotic Drugs and other contraband, therefore, irrespective of he belongs to District Mandi, Himachal Pradesh, at this stage, he is not entitled to be admitted on bail. 6. In view of what has been said hereinabove, the petition fails and the same is accordingly dismissed.