Research › Search › Judgment

Himachal Pradesh High Court · body

2019 DIGILAW 143 (HP)

RAJAT SHIRKOT v. STATE OF H. P.

2019-01-11

VIVEK SINGH THAKUR

body2019
JUDGMENT : Vivek Singh Thakur, J. Present petition has been filed under Section 439 Cr.P.C. seeking regular bail in case FIR No. 9 of 2018 dated 28.9.2018 registered at Police Station State CID Bharari under Sections 21/29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act). 2. Status report stands filed and record also stands produced, perusal whereof indicates that on 27.9.2018 petitioner along with another person Vipin Thakur was found sitting in a car parked on the National Highway near Narkanda. The police party headed by Investigating Officer had inquired the reason for idle parking and on not finding any satisfactory answer, the car was searched on suspicion wherefrom 52 grams packed in foil paper was recovered, resulting into arrest of the petitioner along with Vipin Thakur. 3. It is further stated that co-accused Vipin Thakur has been released on bail by the Additional Sessions Judge, Kinnaur at Rampur on 3.11.2018 as the contraband recovered was of intermediate quantity i.e. more than small quantity but less than commercial quantity. However, bail application of the present petitioner has been dismissed on the ground that on earlier occasion also, he was found to be in possession of charas leading to registration of FIR No. 79 of 2017 under Section 20 of NDPS Act in P.S. Ani and it is the second offence. 3. Though quantity of charas recovered on the earlier occasion is not mentioned in the status report, however, the Investigating Officer present in Court informs that he was found in possession of small quantity of charas and it has also been stated in status report that during investigation, petitioner and his companion had disclosed that they have purchased it for personal consumption. It is also informed that during his detention petitioner has suffered an attack and during treatment in IGMC, Shimla, it is revealed that said attack was on account of addiction of drugs. 4. The investigation in the present case is complete and challan has been submitted on 6.12.2018 for consideration which stands presented in Court. It is also informed that during his detention petitioner has suffered an attack and during treatment in IGMC, Shimla, it is revealed that said attack was on account of addiction of drugs. 4. The investigation in the present case is complete and challan has been submitted on 6.12.2018 for consideration which stands presented in Court. The quantity is intermediate, therefore, rigors of Section 37 of NDPS Act are not applicable in the present case and also considering the entire facts placed on record by filing status report and keeping in view the submissions made by Investigating Officer, present in Court, I find that it is a fit case for regular bail of the petitioner at this stage, subject to furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned trial Judge, and also subject to the following conditions:- (i) That the petitioner shall make himself available before the trial Court on each and every date as and when required; (ii) That the petitioner shall 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (ii) That he shall not obstruct the smooth progress of the trial; (iii) That he shall not jump over the bail and also shall not leave the jurisdiction of Himachal Pradesh without information and shall inform, in writing, regarding change of address, if any, from the present place of residence, in advance, to P.S. State CID, Bharari. (v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected. (vi) That petitioner shall not misuse his liberty in any manner. 5. It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice. 6. It will also open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice. 6. In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law. 7. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013. Petition stands disposed of. 8. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.