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2020 DIGILAW 853 (HP)

Vijay Kumar v. State of Himachal Pradesh

2020-11-25

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.125 of 2020, dated 27.8.2020, under Sections 15-61-85 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station, Damtal, District Kangra, Himachal Pradesh 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 27.8.2020, police party were on patrolling duty, in a Government vehicle bearing registration No.HP-68-A-2916, being driven by Constable Bhaskar Parashar, when they reached near Toki barrier at Jindadi link road, a person riding on a scooty came from National Highway side towards Jindari side. On seeing the police vehicle, the scooty rider starting turning the same towards village Toki on Katcha road, since the road was congested, so he could not turn the vehicle. The police official asked the scooty rider for turning the vehicle, neither he could not give any satisfactory reply nor he could produce any documents of the vehicle. On further inquiry, about the carry bag kept by the petitioner near the dicky of his scooty bearing registration No.HP-38F-8499, he could not give any satisfactory reply. However, he got perplexed and told that it contained house hold items. On opening of the carry bag, a polythene bag containing poppy husk was found in it. On checking with drug detection kit, it was found to be 1 kg. 730 grams of poppy husk. Thereafter, the police completed all the codal formalities and the case property was sent to RFSL, Junga, for chemical examination and as per the report, "the exhibit stated as Chura post, is a sample of poppy straw". Police made the relevant recoveries, prepared the spot map and recorded the statements of the witnesses. The petitioner was arrested. As per the police, after completion of investigation challan was presented in the learned Trial Court. Police made the relevant recoveries, prepared the spot map and recorded the statements of the witnesses. The petitioner was arrested. As per the police, after completion of investigation challan was presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence, he is dealing in narcotics and there is every possibility that in case at this stage he is enlarged on bail, he may flee from justice and tamper with the prosecution witnesses. 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 argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period. On the other hand, 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, the custody of the petitioner is not at all required by police, nothing remains to be recovered at his instance, the petitioner is not in a position to tamper with the prosecution evidence nor in a position to flee from justice and also considering the facts that investigation is complete, even challan stands presented in the learned Trial Court, so the present bail application may be allowed and the petitioner may be enlarged on bail. 7. 7. At this stage, taking into consideration the facts 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 quantity alleged to be recovered from the petitioner is not a commercial quantity and just more than a small quantity, the fact that the petitioner cannot be kept behind the bars for an unlimited period and also considering the fact that investigation is complete, challan stands already presented before the learned Trial Court, nothing remains to be recovered at the instance of the petitioner, the fact that the petitioner is ready and willing to abide by the terms and conditions of bail, in case he is enlarged on bail, and also considering the overall facts, which have emerged on record, 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 favour of the petitioner. Under these circumstances, it is ordered that the petitioner be released on bail, in this case FIR No.125 of 2020, dated 27.8.2020, under Sections 15-61-85 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station, Damtal, District Kangra, on his furnishing personal bond to the tune of Rs.50,000/- (rupees fifty thousand only) 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 join investigation of case as and when called for by the Investigating Officer in accordance with law. 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.