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2022 DIGILAW 270 (HP)

DILBAR KHAN S/O SH. FATEH KHAN v. STATE OF HIMACHAL PRADESH

2022-05-31

SATYEN VAIDYA

body2022
ORDER : 1. Both these petitions arise out of the same FIR and involve identical questions of facts and law, therefore, both the petitions are being disposed of by a common order. 2. The case under Section 21 & 29 of Narcotic Drugs & Psychotropic Substances ( for short "ND&PS") Act and Sections 181, 192 and 196 of Motor Vehicles Act, has been registered at Police Station, Sunni, District Shimla, H.P., in case FIR No. 24/2022, dated 10.3.2022. 3. Police recovered and seized 142 grams heroin from vehicle No. HP-01M-2445, which was occupied by the petitioners. Petitioner Dilbar Khan in Cr.M.P(M) No. 947 of 2022, was on driving seat and petitioner Rajinder Sharma in Cr.M.P(M) No. 948 of 2022, was the other occupant of the vehicle. Police had prior intimation about the crime. Compliance of Section 42(2) of ND&PS Act was made and thereafter the contraband was recovered at about 10.30 p.m. at place Bashalti near Madhod Kenchi within the jurisdiction of Police Station, Sunni. 4. As per secret information received by police, two vehicles bearing No. HR-26BP-1008 and HP-01M-2445 were approaching Sunni and occupants thereof were carrying contraband. The information was found to be correct and both the aforesaid vehicles were apprehended. Vehicle No. HR-26BP-1008 was ahead and vehicle No. HP-01M-2445 followed after about 03 minutes. Whereas nothing incriminating was recovered from vehicle No. HR-26BP-1008, 142 grams of heroin was recovered from the other vehicle as noticed above. Vehicle No. HR 26BP-1008 was occupied by two persons named Mohit and Parvez. 5. According to police, all the occupants of both the vehicles had brought heroin from Delhi for being sold to the consumers in Sunni area. Petitioners were arrested on 10.3.2022. The investigation is stated to be complete and challan is in the process of being filed in the Court. 6. Petitioners have approached this Court for grant of bail in above noted case, on the grounds that they are innocent and have been falsely implicated. Their co-accused Mohit and Parvez have been enlarged on bail by learned Special Judge (CBI), Shimla on 20.4.2022. Petitioners are local residents of Himachal Pradesh and belong to respectable families. They are having roots in the society and there is no apprehension of their absconding or fleeing from the course of justice. Petitioners have undertaken not to tamper with the prosecution evidence. 7. Petitioners are local residents of Himachal Pradesh and belong to respectable families. They are having roots in the society and there is no apprehension of their absconding or fleeing from the course of justice. Petitioners have undertaken not to tamper with the prosecution evidence. 7. I have heard learned counsel for the petitioners as well as learned Additional Advocate General and have also gone through the status report. 8. Learned counsel for the petitioners has contended that the quantity of the contraband recovered in the case is of intermediate i.e. less than commercial quantity. Petitioners have no past history of involvement in offences under ND&PS Act. Their prolonged incarceration will not serve any purpose. 9. No doubt the quantity of contraband in the case is intermediate and therefore the rigors of Section 37 of NDPS Act will not be applicable. Merely because the quantity of contraband recovered is less than commercial quantity may not by itself be sufficient to grant bail. 10. The menace of drug abuse is not unknown in the society in modern times. The victims are innocent adolescents besides others. The drug abuse more often than not leads to drug addiction, which ruins the lives of substantial number of such persons. The question arises as to how young adolescents, who by and large remain in custody of their guardians, are able to procure the prohibited drug. Definitely the drug is made available through a supply chain managed in an organized manner. 11. Recovery of 142 grams of heroin from petitioners can be easily perceived as part of the above stated organized crime. 142 grams of heroin cannot be presumed to be in possession of petitioners for self consumption. In view of this matter, the petitioners are not entitled for being released on bail. The rights of petitioners have to be weighed against larger public interest. In case of release of petitioners on bail, there is likelihood of their again indulging in similar activity thereby putting lives of numerous of people to peril. 12. As noticed above, keeping in view the substantial quantity of heroin recovered from the petitioners, it will not be unreasonable to assume that the petitioners were carrying the contraband for sale to the consumers which definitely includes number of adolescents and young students etc. 12. As noticed above, keeping in view the substantial quantity of heroin recovered from the petitioners, it will not be unreasonable to assume that the petitioners were carrying the contraband for sale to the consumers which definitely includes number of adolescents and young students etc. Absence of any other case against the petitioners under ND&PS Act does not necessarily mean that petitioners are first offenders under the ND&PS Act. The manner in which the operation of petitioners has been discovered during investigation is definitely evident of their clear intent to commit offence. 13. In light of above discussion, petitioners are not held entitled to bail in the above noted case. Accordingly, the instant petitions are dismissed. 14. Pending miscellaneous applications, if any, shall also stand disposed of.