Research › Search › Judgment

Himachal Pradesh High Court · body

2020 DIGILAW 298 (HP)

RAVI KUMAR v. STATE OF HIMACHAL PRADESH

2020-05-29

JYOTSNA REWAL DUA

body2020
JUDGMENT : Jyotsna Rewal Dua, J. 1. The petitioners are accused in FIR No.55/2020, dated 26.04.2020, registered at Police Station Dharampur, District Solan, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and Section 188 of the Indian Penal Code. By means of instant petitions under Section 439 of the Code of Criminal Procedure, prayer has been made for grant of regular bail. 2. Heard learned counsel for the parties through video conference and gone through the status report filed by the respondent-State. Learned Assistant Advocate General has submitted that status report filed in Cr.MP(M) No.662 of 2020 be treated as status report in Cr.MP(M) No.657 of 2020. His statement is taken on record. 3. The case against the petitioners as it emerges from the status report is that:- (i) On 25.04.2020 at around 9:30 pm, the petitioners were found travelling in Vehicle No.HP-16 4265. Their vehicle was intercepted by the police patrolling party near Bara-Kumarhatti, Tehsil Solan. The vehicle was inspected and from the dashboard of the vehicle, a Digital Weighing Machine alongwith a polythene containing some substance was recovered. The substance, on the basis of experience of the members of the patrolling party, was determined as 'heroin', which weighed 5.45 grams on digital weighing machine. Procedure in accordance with law was complied with. The instant FIR was registered and the petitioners were arrested on 26.04.2020 at 3:00 am. (ii) Further investigation disclosed that the petitioners were Truck Drivers and friends. They were consuming heroin for past about 4-5 months. In order to obtain heroin, they went in the vehicle in question towards Kumarhatti, where some truck driver informed them about a Nepali individual supplying the contraband. Whereafter while going towards Barog, they noticed a Nepali individual alongside the road near Kumarhatti. They interacted with him and confirmed that he was selling heroin. Against cash payment of Rs.15,000/-, they obtained 5.45 grams of heroin from him. Nepali individual disclosed his name as Ramesh. However, he did not disclose his mobile number and the address. The petitioners expressed their inability in giving whereabouts of the person from whom they allegedly purchased the contraband. 4. Learned counsel for the petitioners submitted that the petitioners, aged 38 and 40 years, respectively, are innocent and falsely implicated with the offences alleged against them. However, he did not disclose his mobile number and the address. The petitioners expressed their inability in giving whereabouts of the person from whom they allegedly purchased the contraband. 4. Learned counsel for the petitioners submitted that the petitioners, aged 38 and 40 years, respectively, are innocent and falsely implicated with the offences alleged against them. In any case, the investigation of the case is almost complete, nothing is to be recovered from them. They are the local residents and there is no apprehension of their fleeing from justice. Learned counsel for the petitioners further submitted that the petitioners will abide by all the conditions imposed upon them by this Court in case of grant of bail. Learned Assistant Advocate General opposed the grant of bail on the ground that the petitioners might indulge in same transaction again and may tamper with the evidence. 5. The quantity of the contraband allegedly recovered from the bail petitioners is 5.45 grams of heroin, therefore, rigors of Section 37 of the NDPS Act will not be applicable. It has also come in the status report that petitioners were habitual consumers of heroin for the past about 4-5 months and not drug peddlers. The investigation of the case, as per the status report, is almost complete. No criminal antecedent of the bail petitioners has been reflected in the status report. The petitioners are behind the bars w.e.f. 26.04.2020. Both the petitioners are permanent residents of the respondent-State. Therefore, their presence can be secured in the trial. Under these circumstances, their further continuation in custody will not serve any fruitful purpose. Trial of the case will take considerable time. In the interest of justice, one strict condition can be imposed upon them that in case they, in future, are found to be involved in any offence under the NDPS Act, then the instant bail granted to them is liable to be cancelled on this count. Accordingly, the present petitions are allowed. Trial of the case will take considerable time. In the interest of justice, one strict condition can be imposed upon them that in case they, in future, are found to be involved in any offence under the NDPS Act, then the instant bail granted to them is liable to be cancelled on this count. Accordingly, the present petitions are allowed. Both the petitioners are ordered to be released on bail in the aforesaid FIR on their furnishing personal bond(s) in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one local surety each in the like amount, to the satisfaction of the learned trial Court/competent authority having jurisdiction over the Police Station concerned, subject to the following conditions:- (i) The petitioners shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law. (ii) The petitioners shall not tamper with the evidence or hamper the investigation in any manner whatsoever. (iii) The petitioners will not leave India without prior permission of the Court. (iv) The petitioners shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer. (v) In case the petitioners are put to trial, then they shall attend the trial on every hearing, unless exempted in accordance with law. (vi) Petitioners shall inform the Station House. Officer of the concerned police station about their places of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioners shall furnish details of their Aadhar Cards, Telephone Numbers, E-mails, PAN Cards, Bank Account Numbers, if any. (vii) It is made clear that in case the petitioners are arraigned as an accused in future, in any FIR under NDPS Act, then this bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 6. In case of violation of any of the terms and conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petitions and shall not be construed as an opinion on the merits of the matter. It is made clear that observations made above are only for the purpose of adjudication of instant bail petitions and shall not be construed as an opinion on the merits of the matter. 7. The parties and the competent Court/Authority, attesting the personal/surety bonds, shall not insist upon for obtaining/requiring certified copy of this order and shall download the same from the website of the High Court. 8. However, the Registry is directed to send copy of this order to learned counsel for the parties through e-mail subject to furnishing e-mail addresses by them, if so required. 9. With the aforesaid observations, the present petitions stand disposed of, so also the pending miscellaneous applications, if any.