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Himachal Pradesh High Court · body

2018 DIGILAW 191 (HP)

Shank Rana v. State Of Himachal Pradesh

2018-02-09

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT Chander Bhusan Barowalia, J —The present petition is maintained by the petitioner under Section 439 of Code of Criminal Procedure for releasing him on bail, in case FIR No.10 of 2018, dated 30.01.2018, under Section 20 of Narcotic and Psychotropic Substances Act, registered at Police Station Swarghat, District Bilaspur, H.P. 2. As per the applicant, the prosecution case is that the petitioner was driving from Bilaspur towards Swarghat Mahendra Geep No.UK-078BM-5173 and was stopped at Swarghat by a Naka Police Party. The applicant was found driving the said vehicle alone. The Naka Police Party conducted a search of the said vehicle and on search from the cabin of the said vehicle from the left side one polythene envelope blue and red in colour was recovered. On checking the said polythene envelope a black substance was noticed. On smelling and on basis of experience of the SI/SHO police Swarghat concluded that the said black substance was charas and therefore, the applicant was arrested at about 05.20 a.m. on 30.01.2018 at Swarghat. The applicant remained in the police custody twice from 30.01.2018 to 03.01.2018 and thereafter, is in judicial custody. The applicant is a student of Dun University at Dehradun and he is doing his 6th Semester of M.Sc./Economic Hon. 3. Police report stands filed. As per prosecution story, when on 29.01.2018 the police party of Police Station Swarghat, District Bilaspur, headed by HC Dev Dutt No.97 and associated by Constable Navneet Kumar No.415, Constable Ajay Kumar No.342, and Constable Raj Kumar No.5/7, was present at Swarghat Chowk in connection with Nakabandi investigation duty, on 30.01.2018 at about 01.30 a.m., a vehicle Mohindra bearing No.UK-07BM-5173, which came from Bilaspur side, was stopped for checking. Only driver was available in the said vehicle, who on asking has disclosed his name as Shank Rana and resident of Block-C, Ganesh Bihar Ajabpur, Dehradun (Uttrakhand) . The vehicle was searched in his presence. On search of the vehicle, a polythene bag of blue colour was found hidden in the cabin of the conductor side seat. On opening and checking of the bag, charas in five plastic packets, weighing 509 grams, was recovered. The total weight of the bag and charas was found 522 grams. The recovered charas was put in the same polythene and wrapped in a white colour piece of cloth. The white "Pulinda" cloth was sealed with six impression of seal "R". On opening and checking of the bag, charas in five plastic packets, weighing 509 grams, was recovered. The total weight of the bag and charas was found 522 grams. The recovered charas was put in the same polythene and wrapped in a white colour piece of cloth. The white "Pulinda" cloth was sealed with six impression of seal "R". Form NCB-1 in triplicate were filled in and marked with seal impression "R". Seal was handed over to HC Dev Dutt No.97. Bail petitioner Shank Rana and witnesses have put their signatures on the sealed "Pulinda" cloth. Thereafter, the "Pulinda" cloth containing of recovered charas, specimen of seal, Form NCB-1 in Triplicate, Vehicle Mohindra No.UK-07BM-5173 alongwith RC, Insurance and Driving License, were taken into possession by the police vide separate recovery memo. The signatures of the bail petitioner were also taken on the recovery memo and copy thereof was also supplied to him and he was arrested. Thereafter, the case was registered against the bail petitioner vide FIR No.10 of 2018, under Section 20 of the Narcotic and Psychotropic Substances Act, at Police Station Swarghat, District Bilaspur, H.P. 4. The learned counsel for the petitioner has argued that the petitioner is a very brilliant student and is in 6th Semester of M.Sc and the rigors of law are not applicable and he may be released on bail taking into consideration the age of the petitioner and further the alleged quantity recovered as he is innocent. 5. On the other hand, learned Assistant Advocate General, has argued that the petitioner if released on bail, he will flee from the justice and therefore, the bail application may be dismissed. 6. Taking into consideration the fact of quantity of 509 grams of charas recovered from the petitioner and also the fact that the investigation in this case is almost complete; and that the petitioner is in judicial custody and is permanent resident of Uttrakhand and pursing his M.Sc. from Dun University at Dehradun; and further that the applicant is just 21 years of age and keeping the petitioner behind the bars for un-limited period, will be of no use till the time he is held guilty. This Court finds that there is no chance of the petitioner to flee from justice and tamper with the prosecution evidence. from Dun University at Dehradun; and further that the applicant is just 21 years of age and keeping the petitioner behind the bars for un-limited period, will be of no use till the time he is held guilty. This Court finds that there is no chance of the petitioner to flee from justice and tamper with the prosecution evidence. Therefore, the present is a fit case where the judicial discretion to admit the petitioner on bail, is required to be exercised in favour of the petitioner. Under these circumstances, it is ordered that the petitioner be released on bail, in case FIR No.10 of 2018, dated 30.01.2018, under Section 20 of the Narcotic and Psychotropic Substances Act, registered at Police Station Swarghat, District Bilaspur, H.P., on his furnishing personal bonds to the tune of Rs.50, 000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate/JMIC, Bilaspur. The bail is granted subject to the following conditions: 1. That the petitioner will join investigation of case as and when called for by the Investigating Officer in accordance with law. 2. That the petitioner will not leave India without prior permission of the Court. 3. That the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Investigating Officer or Court. 7. The petition stands accordingly disposed of.