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2019 DIGILAW 1199 (HP)

Ajay Kumar v. State Of Himachal Pradesh

2019-08-21

CHANDER BHUSAN BAROWALIA

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JUDGMENT : Chander Bhusan Barowalia, J. The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 66 of 2019, dated 06.06.2019, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police station Parwanoo, District Solan, H.P. 2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail. 3. Police report stands filed. As per the prosecution story, on 06.06.2019 a police team laid a nakka at TTR Chowk. At about 03:30 a.m. Swift car, having registration No. HP64-8607, came from byepass side, which was stopped. On asking, the driver disclosed his name as Ajay Kumar (petitioner herein) and another person sitting on passenger seat disclosed his name as Pradeep Kumar. Both these persons were baffled, so the vehicle was made to park on the side of the road for checking. During search of the vehicle, police recovered two transparent packets, which contained heroin. The petitioner also disclosed that the recovered substance is heroin. The contraband, contained in one packet, was weighed alongwith the packet and found to be 13.62 grams and another was 8.57 grams. Both the packets were cumulatively 22.21 grams. Thereafter, the police completed all the codal formalities. The documents of the said vehicle were taken into possession. Police registered a case under Section 21 of the ND and PS Act. Police recorded the statements of the witnesses and prepared the spot map. The petitioner and the co-accused divulged that they purchased the said contraband from some unknown auto driver. The petitioner and the co-accused were arrested. Scientific analysis of the recovered contraband revealed that the recovered material was of Diacetyl Morphine (Heroin). Pradeep Kumar (co-accused) was enlarged on bail by the learned Trial Court on 27.07.2019 and the petitioner is in custody since 23.08.2019. As per the police, the investigation in the case is complete and challan will be presented in the Court soon. Scientific analysis of the recovered contraband revealed that the recovered material was of Diacetyl Morphine (Heroin). Pradeep Kumar (co-accused) was enlarged on bail by the learned Trial Court on 27.07.2019 and the petitioner is in custody since 23.08.2019. As per the police, the investigation in the case is complete and challan will be presented in the Court soon. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime of possessing heroin (chitta). There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice and tamper with the prosecution evidence. 4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 5. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that petitioner is resident of the place and he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has argued that the investigation in the case is complete, so the custody of the petitioner is not at all required. He has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, so the bail application be allowed and the petitioner be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence, so at this stage, in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. He has prayed that the bail application of the petitioner be dismissed. 6. In rebuttal the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, especially when the investigation is complete, challan is likely to be presented in the Court very soon, so the application be allowed and the petitioner be enlarged on bail. 7. 6. In rebuttal the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, especially when the investigation is complete, challan is likely to be presented in the Court very soon, so the application be allowed and the petitioner be enlarged on bail. 7. At this stage, considering the age of the petitioner, the recovered quantity of the contraband, the fact that the petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, the petitioner is ready and willing to abide by the conditions of bail, if so granted, the fact that the investigation is complete and the challan is likely to be presented in the Court very soon, considering the overall facts, which have come on record, and without discussing the same at this stage and also the fact that the petitioner cannot be kept behind the bars for an unlimited period, so this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No. 66 of 2019, dated 06.06.2019, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police station Parwanoo, District Solan, H.P., shall be released on bail forthwith in this case, subject to her furnishing personal bond in the sum of Rs.20,000/- (rupees twenty thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions: (i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required. (ii) That the petitioner will not leave India without prior permission of the Court. (iii) 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. 8. In view of the above, the petition is disposed of.