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2020 DIGILAW 149 (HP)

Chet Ram v. State Of Himachal Pradesh

2020-02-07

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. 16 of 2020, dated 21.01.2020, under Section 20 of the ND&PS Act and Section 39(1)A of the HP Excise Act, registered in Police Station Rampur, District Shimla, 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 permanent 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 21.01.2020, upon receipt of rukka, a case was registered in Police Station Rampur. As per the rukka, a police team was on routine patrol duty at place Besdi. Police got a secret tipoff that the petitioner used to sell liquor and charas in his shop. Acting upon the secret tipoff, police associated two independent witnesses and raided the khokha (kiosk) of the petitioner and recovered three bottles of country made liquor and some blackish substance wrapped in a polythene packet. Police also recovered a small bottle of Indian made foreign liquor. The recovered blackish substance was found to be charas and on weighment it was 162 grams. Thereafter, the police completed all the codal formalities. Police prepared the spot map and recorded the statements of the witnesses. Rukka was sent to police station, whereupon a case against the petitioner was registered. The petitioner was arrested and the recovered contraband was sent for forensic analysis. Upon being chemically tested the recovered substance was found to be charas. During the course of interrogation the petitioner divulged that he is habitual of consuming charas and he has purchased the same from some unknown boy for self consumption. Lastly, it is prayed that in case the petitioner, at this stage, is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Petitioner was found involved in a serious crime, so his bail application may be dismissed. 4. Lastly, it is prayed that in case the petitioner, at this stage, is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Petitioner was found involved in a serious crime, so his bail application may be dismissed. 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 the petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially when nothing is to be recovered at the instance of the petitioner and considering the fact that the petitioner is not a drug peddler and only a drug addict. Conversely, the learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may 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 nothing is to be recovered at his instance, he is not a drug peddler and only a drug addict, so the bail application of the petitioner be allowed and the petitioner may be enlarged on bail. 7. 7. At this stage, considering the fact that the petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, custody of the petitioner is not at all required by the police, as nothing is to be recovered at the instance of the petitioner, the custody of the petitioner is not at all required by the police, the fact that he is not a drug peddler and only a drug addict, the recovered quantity of the contraband, also considering the overall material, which has come on record, and without discussing the same at this stage, the fact that the petitioner is ready and willing to abide by the terms and conditions of bail, in case so granted, 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. 16 of 2020, dated 21.01.2020, under Section 20 of the ND&PS Act and Section 39(1)A of the HP Excise Act, registered in Police Station Rampur, District Shimla, H.P., shall be released on bail forthwith in this case, subject to his 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. Copy dasti.