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Himachal Pradesh High Court · body

2025 DIGILAW 1026 (HP)

Abhishek v. State of Himachal Pradesh

2025-05-15

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. Applicant Abhishek has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 216 of 2024, dated 19.10.2024, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Sadar Mandi, District Mandi, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police. 3. According to the applicant, investigation, in the present case, is complete and nothing is to be recovered from his possession. All these facts have been pleaded to show that custodial interrogation of the applicant is no longer required by the Police. 4. According to the applicant, even in the investigation, nothing has been found against the applicant, as there is no evidence, connecting him with the crime in question. 5. According to the applicant, apart from the present case, one another case has been registered against him, with Police Station, Sadar Mandi, H.P., under the provisions of NDPS Act, bearing FIR No.192 of 2023, dated 3.8.2023. 6. The applicant has earlier tried his luck by moving bail application bearing No. Cr. M.P.(M) No. 96 of 2025, before this Court, which was dismissed as withdrawn, on 7.3.2025. 7. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail. 8. On these submissions, a prayer has been made to allow the bail application: 8.1. 7. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail. 8. On these submissions, a prayer has been made to allow the bail application: 8.1. When put to notice, the police has filed the status report, disclosing therein that on 19.10.2024, Constable Shahid Ali submitted a Ruqua in Police Station, Sadar Mandi, disclosing therein that on 19.10.2024, at about 5:40 a.m., I.O. received a secret information regarding indulgence of Uma Devi @ Mombatti, R/o House No. 294/3, Jail Road Mandi, and her family members, in the business of selling chitta/heroin/smack, in their residential house, and that they have kept the chitta/heroin/smack concealed inside their house and in case, the house of Uma Devi @ Mombatti is searched, then, a large quantity of contraband could be recovered. 8.2 According to the I.O., one day prior to 19.10.2024, he received the information of delivery of large quantity of chitta/heroin/smack to Uma Devi. As such, he has complied with the provisions of Section 41(2) of the NDPS Act and submitted the report to Additional S.P. through Constable Shahid Ali. 8.3 After receiving the authorization, the I.O. alongwith other police official, reached at the spot, at about 10:30 a.m. The I.O. made efforts to associate the independent witnesses, but, no one was ready to be the witness. 8.4 On inquiry, the local persons disclosed that three pet dogs have been kept by Uma Devi @ Mombatti. As such, the Police officials were told to be cautious while entering the house. 8.5 Thereafter, Const. Chandan Chaudhary brought independent witnesses, namely Rajeev Kumar and Bhaag Singh. Both of them were apprised about the factual position and they were associated in the raiding party. Thereafter, raiding party reached at the spot. 8.6 On the main door of the ground floor of the house, two pet dogs were found tied. On calling, Uma Devi, alongwith other family members, came to the main door, and the I.O. apprised them about the information. In the house of Uma Devi @ Mombatti, her relative Abhishek, sons Abhay and Arun Bhatti and their wives Muskan and Priyanka, sister Rajwati and her daughter Amisha were found. 8.7 The house was searched, but, nothing incriminating was found from the ground floor. On the second floor also, nothing incriminating was found. In the house of Uma Devi @ Mombatti, her relative Abhishek, sons Abhay and Arun Bhatti and their wives Muskan and Priyanka, sister Rajwati and her daughter Amisha were found. 8.7 The house was searched, but, nothing incriminating was found from the ground floor. On the second floor also, nothing incriminating was found. However, on the stairs of the second floor, which were connecting the second floor with the 3rd floor, there was a kitchen, which was checked. On checking, a spice box was found and on checking the same, a small plastic pouch was found, which on opening, was found containing brown coloured substance. 8.8 On seeing the said substance, accused Arun Bhatti got frightened and stated that chitta does not belong to him, and he has falsely been implicated, in this case. 8.9 On the basis of experience and as per the disclosure of Arun Bhatti, the said substance was found to be chitta/heroin. On weighment, the chitta was found to be 34 grams. 8.10 On inquiry, accused Uma Devi disclosed that her relative Abhishek (applicant) used to bring chitta/heroin from Punjab and deliver the same to them. Thereafter, she, alongwith her son Arun Bhatti, used to sell the same to the customers and receive exorbitant amount for the same. 8.11 Thereafter, currency notes of Rs. 2,29,220/- were found in the house, which were also taken into possession, as the accused persons could not give any satisfactory explanation, regarding the aforesaid money. 8.12 Other codal formalities were completed and accused persons were arrested. 8.13 As per the stand of the police taken in the status report, six cases have been registered against deceased Uma Devi, under the provisions of NDPS Act, whereas, against her son Arun Bhatti, total four cases are found to have been registered, out of which, three cases were under the provisions of NDPS Act and one is under the provisions of 457, 380 and 120-B of IPC. 8.14 Thereafter, the I.O. got conducted inventory under Section 52-A of the NDPS Act and the contraband was sent to FSL, Junga. 8.15 It is the further case of the Police that FIR No. 192 of 2023, dated 3.8.2023, under the provisions of NDPS Act is found to have been registered, with Police Station, Sadar Mandi, H.P. against the applicant. 8.14 Thereafter, the I.O. got conducted inventory under Section 52-A of the NDPS Act and the contraband was sent to FSL, Junga. 8.15 It is the further case of the Police that FIR No. 192 of 2023, dated 3.8.2023, under the provisions of NDPS Act is found to have been registered, with Police Station, Sadar Mandi, H.P. against the applicant. The applicant is stated to be very clever person and in case, released on bail, he may again indulge in similar activities. 8.16 Investigation, in the present case, is stated to be completed, as Police has filed charge sheet against the applicant, which is now pending in the Court of learned Special Judge-III. Mandi and the case is stated to be listed on 22.5.2025 for Consideration of Charge. 8.17 On the basis of above facts, a prayer has been made to dismiss the application. 9 So far as the registration of the another case, against the applicant, that too, under the provisions of NDPS Act, is concerned, admittedly, he has not been convicted in the said case. Mere registration of the case, against the applicant, is too short to take away the presumption of innocence, which is still available to the applicant. 10. Contraband, allegedly recovered, in the present case does not fall within the definition of ‘commercial quantity’. As such, rigors of Section 37 of the NDPS Act are not applicable to the facts of the present case. 11. Investigation, in the present case, is complete, as, it is the specific case of the Police that after completion of investigation, charge sheet has been filed, in the competent Court of law, and the case is fixed for consideration of charge. Meaning thereby, the applicant is no longer required for interrogation by the Police. 12. The chances of conclusion of trial, against the applicant, are not so bright, as such, no useful purpose would be served by keeping the applicant in judicial custody. 13. So far as the apprehension expressed by the Police qua the fact that the applicant is resident of Punjab and he may not be available to face the trial, for that purpose, reasonable conditions can be imposed on him, in case, he is ordered to be released on bail. 14. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 15. 14. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 15. Consequently, the applicant is ordered to be released on bail in case FIR No. 216 of 2024, dated 19.10.2024, registered under Sections 21 and 29 of the NDPS Act, with Police Station, Sadar, Mandi, on his furnishing personal bond in the sum of Rs. 50,000/- with two sureties in the like amount, to the satisfaction of learned trial Court. 16. This order, however, shall be subject to the following conditions:- a) Applicant shall appear before the I.O., as and when directed by the I.O. to do so and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and d) Applicant shall not leave the territory of India without the prior permission of the Court. 17. Any of the observations, made herein above, shall not be taken, as an expression of opinion, on the merits of the case, as these observations are confined, only to the disposal of the present bail application. 18. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Sub-Jail, Mandi, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Sub-Jail, Mandi is directed to inform this fact to the Secretary, DLSA, Mandi. 20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Sub-Jail, Mandi is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent of the Sub-Jail, Mandi is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court within a period of one month from today, then, the said fact be submitted to this Court.