DEEPAK BUDA MAGAR S/O SHRI ANANTE BUDE v. STATE OF HIMACHAL PRADESH
2022-07-01
SATYEN VAIDYA
body2022
DigiLaw.ai
ORDER : 1. Petitioner is an accused in case FIR No. 55/2020, dated 17.02.2020, under Section 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS Act’) registered at Police Station Bhuntar, District Kullu, H.P. 2. On 17.02.2020, police officials of Police Station Bhuntar, District Kullu, H.P. stopped H.R.T.C. Bus No. HP-18B-9785 on Manikaran-Bhuntar road, which was enroute from Manikaran to Haridwar. The driver and conductor of the bus were associated as witnesses. While checking the passengers and luggage, police noticed that passengers sitting on seat Nos. 15, 16, 20 and 21 were perplexed. On inquiry, the persons sitting on Seat No. 15 disclosed his name as Tul Bahadur Buda and person on Seat No. 16 disclosed his name as Deepak Buda Magar i.e. petitioner. Seat Nos. 20 and 21 were occupied by Ash Kumari and Ram Bahadur, respectively. The persons of above noted four passengers were searched. 4 Kg 110 grams charas was recovered from the person of Ash Kumari and 4 Kg 19 grams charas was recovered from the person of Ram Bahadur. On investigation, it was found that all the above noted passengers occupying Seat Nos. 15, 16, 20 and 21 were traveling on a single ticket. The case was registered and all above noted persons were arrested. The investigation is complete and challan has been presented before the learned Special Judge, Kullu, H.P. Charges have been framed and the case is fixed for recording the statements of prosecution witnesses. 3. Learned counsel for the petitioner has submitted that the petitioner is innocent. He was not aware about the contraband being carried by Ash Kumari and Ram Bahadur. It has also been contended on behalf of the petitioner that nothing was recovered from him and it cannot be presumed that petitioner had any role in the commission of alleged crime. 4. I have heard learned counsel for the petitioner as well as learned Additional Advocate General and have also gone through the status report as well as record of the case. 5. The fact that petitioner alongwith other three citizens of Nepal including Ash Kumari and Ram Bahadur were traveling on a single ticket, prima facie reveals that all the four persons were traveling together. 6. Huge quantity of more than 8 Kg of charas has been recovered from two of the persons, out of four persons traveling together.
5. The fact that petitioner alongwith other three citizens of Nepal including Ash Kumari and Ram Bahadur were traveling on a single ticket, prima facie reveals that all the four persons were traveling together. 6. Huge quantity of more than 8 Kg of charas has been recovered from two of the persons, out of four persons traveling together. Merely because, no recovery was effected from the petitioner, it cannot be inferred at this stage that the petitioner had no knowledge about the factum of huge contraband being carried by his associates. Conspiracies to commit crime are rarely visible to the naked eye. These are hatched under dark cover, so that, no one easily comes to discover. Section 29 of ND&PS Act prescribes the same punishment to a conspirator, which is applicable to the perpetrator of the crime. The quantity recovered in the case is not only commercial but a huge quantity. Thus, rigors of Section 37 of ND&PS Act, will apply. 7. In light of above-said analysis, it is not a case where there is no prima facie material against petitioner to connect him with the crime. Petitioner also belongs to Nepal as his other associates are. It is not a case where petitioner could produce on record any material to suggest that he had no acquaintance with the persons from whom the contraband was recovered. 8. Keeping in view the entirety of circumstances, petitioner is not entitled to be released on bail. Petitioner is a resident of Nepal and has no permanent abode in India. In such circumstances, the release of the petitioner on bail is likely to prejudice the trial of the case adversely in all probabilities. 9. Accordingly, the instant petition is dismissed. 10. Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial court shall decide the matter uninfluenced by any observation made hereinabove.