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2020 DIGILAW 923 (HP)

Bhag Chand v. State of Himachal Pradesh

2020-12-29

VIVEK SINGH THAKUR

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JUDGMENT Vivek Singh Thakur, J. - By way of this petition, petitioner has approached this Court, for enlarging him on bail in case FIR No. 25 of 2017, dated 9.2.2017, registered in Police Station, Sundernagar, District Mandi, under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short NDPS Act). 2. In status report filed on behalf of State, incident in which 1.200 Kilograms charas was recovered from two persons, namely, Sagar and Yashwant, has been narrated and it is stated that during investigation Sagar and Yashwant had disclosed that they had purchased the charas from Manoj alia Kali Nath Bawa, who after his arrest, in turn, had disclosed that he had purchased the charas from Kullu and he had identified house of petitioner in village, wherefrom he had purchased the charas, whereupon petitioner was also arrayed as an accused in the case. 3. As per status report, despite making all efforts, petitioner was not traceable and he could not be arrested even on issuance of non bailable warrants and thus was declared proclaimed offender vide order dated 22.11.2017 and thereafter, on 17.2.2020, he was spotted at Aut by the Police and he was apprised about the case and during interrogation he disclosed that he had prepared the charas with his own hands in the jungle and had sold it to Manoj alias Kali Nath Bawa for 95,000/-. Thereafter, petitioner was arrested and produced in the Court on 18.2.2020 and since then he is in judicial custody. 4. It is also stated in the status report that trial with respect to other three accused has been concluded and they have been acquitted by learned Additional Sessions Judge-cum-Special Judge (1st), Mandi, District Mandi, H.P. 5. Learned counsel for the petitioner submits that petitioner is a shepherd by profession and he used to live nomadic life, as he is engaged in sheep and goat rearing and used to come to his village during winter months and during the remaining part of the year he kept on moving from one place to other in the higher reaches of Manali and, therefore, he was not having knowledge that he has been named as an accused in NDPS case in Police Station Sundernagar. To substantiate his plea, affidavit of his son has been filed along with certificate issued by Gram Panchayat Pradhan, copy of identity card issued in favour of father of petitioner granting grazing rights and copy of Special Power of Attorney executed by father of petitioner in the year 2013 in favour of petitioner delegating rights of his father as a shepherd for grazing by using grazing permit/I. Card issued in favour of father of petitioner. Learned counsel for the petitioner also submits that petitioner is ready to abide by any conditions imposed by this Court for ensuring his presence during the trial. According to him petitioner being permanent resident of District Kullu, had no reason to abscond, but for ignorance about his implication in the case, he could not make himself available to the Police or to the court for trial. 6. In aforesaid facts and circumstances, it is appropriate to enlarge the petitioner on bail and thus he is ordered to be enlarged on bail in present case, subject to furnishing his personal bond in the sum of 50,000/- with one surety in the like amount to the satisfaction of trial Court, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of the petitioner at the time of trial:- (i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case 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/her 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; (iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial; (iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected; (v) that the petitioner shall not misuse his liberty in any manner; (vi) that the petitioner shall not jump over the bail; (vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial; (viii) he shall not leave Himachal Pradesh without permission of the Court. 6. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be 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. 7. In case the petitioner violates any conditions 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. 8. 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 18.03.2013. 9. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application. 10. The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise. 11. The petition stands disposed of in the aforesaid terms.