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2023 DIGILAW 188 (HP)

Kuldeep Kaushik v. State of Himachal Pradesh

2023-03-28

VIVEK SINGH THAKUR

body2023
JUDGMENT : Vivek Singh Thakur, J. Petitioner has approached this Court, seeking bail under Section 439 of the Code of Criminal Procedure (in short ‘Cr.P.C.’), in FIR No. 346 of 2019, dated 11.12.2019, registered in Police Station Sundernagar, District Mandi, H.P., under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’). 2. Status report stands filed and record was also made available. 3. In the status report, circumstances in which petitioner Kuldeep Kaushik, in present case, was apprehended and arrested for having been in possession of 2.369 kilograms cannabis, have been narrated in detail. It has further been stated in the status report that during interrogation Kuldeep Kaushik had disclosed that he became friend of one Lalit alias Shivnath Baba in Rohtak Math and both of them used to consume cannabis together and Lalit alias Shivnath Baba came to Manikaran on 05/06.12.2019 for excursion wherefrom he, through mobile phone, asked Kuldeep Kaushik to bring Rs.1.5/2 lacs to purchase charas, whereupon Kuldeep Kaushik reached at Bhuntar on 10.12.2019 and met Lalit alias Shivnath Baba, who contacted coaccused- Prem Singh on his mobile phone, but Prem Singh expressed his inability to come on that day, however he came on 11.12.2019 in his own Car wherein, all three of them, went to Ropa, from where coaccused- Prem Singh made a call to Nikka Ram on mobile phone to bring cannabis and accordingly Nikka Ram came to Ropa alongwith cannabis and all of them sat in the Car and negotiated for sale and purchase of cannabis and finally petitioner Kuldeep Kaushik paid Rs.1,55,000/- to co-accused-Prem Singh on receiving 2.369 kilograms charas. Prem Singh kept Rs.8000/- with him as a commission and gave Rs.2000/- to Lalit alias Shivnath Baba and balance to Nikka Ram. They came towards Ropa in the said Car and Lalit alias Shivnath Baba and petitioner Kuldeep Kaushik were dropped by co-accused Prem Singh at a small distance from Ropa Bus Stop and co-accused Prem Singh and Nikka Ram went in the Car towards Sainj. Thereafter, Lalit alias Shivnath Baba and petitioner-Kuldeep Kaushik came to Aut in a private bus, alight from the bus at Aut and Lalit alias Shivnath Baba went in the bus towards Aut bazaar. Thereafter, petitioner-Kuldeep Kaushik started a journey towards Rohtak in the bus, but was apprehended by the police on the way. 4. Thereafter, Lalit alias Shivnath Baba and petitioner-Kuldeep Kaushik came to Aut in a private bus, alight from the bus at Aut and Lalit alias Shivnath Baba went in the bus towards Aut bazaar. Thereafter, petitioner-Kuldeep Kaushik started a journey towards Rohtak in the bus, but was apprehended by the police on the way. 4. On the basis of aforesaid information, on 12.12.2019 Lalit alias Shivnath Baba was interrogated and finding prima facie material for commission of offence, he was arrested on the same day at 10.15 p.m., in Police Station Sundernagar and since 19.12.2019 he is in judicial custody. 5. It has further been stated in the status report that coaccused-Prem Singh was also interrogated and on finding sufficient material for his arrest, he was arrested at Manikaran on 15.12.2019. During his custody, he made a disclosure statement under Section 27 of the Indian Evidence Act, claiming that he could identify the place where sale and purchase of charas was finalized between Nikka Ram and petitioner-Kuldeep Kaushik with further information that Nikka Ram is his Samdhi in relations. Co-accused Prem Singh in furtherance to his disclosure statement identified the place of deal. 6. As per status report, Nikka Ram could not be traced and he has been declared proclaimed offender by the court. Trial is at advance stage and is fixed for recording of evidence of remaining three witnesses on 1.5.2023. As on date 22 witnesses out of 25 witnesses have been examined. 7. Co-accused Prem Singh and Lalit alias Shivnath Baba have been enlarged on bail by this Court vide orders 1.8.2022 passed in Cr.MP (M) No. 752 of 2022 and 16.11.2022 passed in Cr.MP (M) No. 2245 of 2022. 8. Learned counsel for the petitioner has claimed parity on the basis of enlargement of bail of co-accused Prem Singh and Lalit alias Shivnath Baba and also on the ground that petitioner is behind the bars since last more than three years and, therefore, keeping in view period of detention as well as pronouncements of Supreme Court, petitioner is entitled to be enlarged on bail. 9. Co-accused Prem Singh and Lalit alias Shivnath Baba were enlarged on bail considering the pronouncements of the Supreme Court in Special Leave to Appeal (Crl.) No. 242 of 2022, titled as State by (NCB) Bengaluru Vs. 9. Co-accused Prem Singh and Lalit alias Shivnath Baba were enlarged on bail considering the pronouncements of the Supreme Court in Special Leave to Appeal (Crl.) No. 242 of 2022, titled as State by (NCB) Bengaluru Vs. Pallulabid Ahamad Arimutta & another and Tofan Singh V. State of Tamil Nadu, (2011) 4 SCC 1 as well as pronouncement of co-ordinate Bench dated 29.4.2022, passed in Criminal Revision Petition No. 209 of 2020, titled as Shri Mohar Singh Vs. Narcotic Control Bureau because they were arrayed as accused on the basis of disclosure statement of co-accused. 10. So far as petitioner is concerned, 2.369 KG contraband has been alleged to have been recovered from his conscious possession while he was traveling in the bus and, therefore, case of the petitioner is different and distinguishable from co-accused Prem Singh and Lalit alias Shivnath Baba. 11. So far as claim of the petitioner for enlargement on bail for prolonged detention of more than three years is concerned, it is noticeable that trial is at advance stage and out of 25 witnesses only three witnesses are left to be examined and they have been summoned for 1.5.2023, therefore, I do not find it a fit case to enlarge the petitioner on bail on the basis of prolonged detention/trial also. 12. With aforesaid observation, present petition is dismissed. However, it is expected from the Trial Court that it shall ensure conclusion of the trial as early as possible probably by 30th June, 2023 especially considering the period of detention of the petitioner.