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2025 DIGILAW 236 (HP)

Vinod Kumar v. State of Himachal Pradesh

2025-02-28

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. Applicant–Vinod Kumar, apprehending his arrest, in FIR No.11/2025, dated 31.01.2025, registered under Sections 20 and 29 of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’), with Police Station, Sangrah, District Sirmaur, H.P., has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 2. By way of the present application, the indulgence of this Court has been sought to direct the I.O./police of Police Station, Sangrah, to release the applicant on bail, in the event of his arrest, in the above noted case. 3. According to the applicant, he has falsely been implicated in this case, as he has nothing to do with the alleged offence. 4. As per the applicant, during investigation, the police could not collect any evidence, connecting him with the commission of the alleged crime, for which, he has been arrested by the police. 5. It is the further case of the applicant that he belongs to a very respectable family and having deep roots in the society, as such, there is no chance of his absconding. 6. On the basis of the above facts, learned counsel for the applicant, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section 482 of the BNSS. 7. On all these submissions, a prayer has been made to allow the application. 8. When put to notice, the police has filed the status report, disclosing therein that on 31.01.2025, at 08.05 a.m., Constable Manoj Kumar No.659 SIU Nahan had produced a rukka, mentioning therein that he, along with other police officials, was on patrolling duty towards Renukaji, Sangrah, Haripurdhar and Nohradhar to detect the crime relating to narcotic drugs. 8.1. When, the police party reached near Dom Ka Bag, on Haripurdhar-Sangrah road, then, at about 4.00 a.m., he received a secret information that two boys; namely Ishan Rana and Rahul Thakur, are involved in selling and smuggling of Charas and presently, they were going towards Sangrah from Haripurdhar on Motorcycle No.HP85-2169. 8.2. According to the informer, if both the boys were nabbed, large quantity of Charas could be recovered from them. 8.3. 8.2. According to the informer, if both the boys were nabbed, large quantity of Charas could be recovered from them. 8.3. The said information was found to be reliable and authentic and considering the paucity of time, it was decided that in case, search warrants or authorization are obtained, there would be every possibility of removal of the contraband. As such, the provisions of Section 42(2) of ND & PS Act were complied with, by submitting report to SDPO Sangrah, through constable Vinod Kumar No.21. 8.4. Thereafter, efforts were made to associate the independent witnesses, but, being a secluded place, no one could be associated. Thereafter, two police officials namely; Constables Subhash and Vishal Surya, from police party, were associated, as witnesses. At about 05.15 a.m., the said motorcycle was seen coming from Haripurdhar side and with the help of other police officials, both the boys were nabbed. 8.5. On inquiry, the rider had disclosed his name, as Ishan Rana and the pillion rider had disclosed his name, as Rahul Thakur. Ishan Rana was carrying rucksack on his back. Thereafter, the police party had given their personal search to sai Ishan Rana and Rahul Thakur. 8.6. Thereafter, the rucksack, marka Wildcraft, carried by accused Ishan Rana, was searched and on search, Charas, weighing 941 grams, was recovered. The contraband, so recovered, was taken into possession. 8.7. After completion of the codal formalities, the FIR, in question, was registered, against the accused and the police conducted further investigation. The contraband, so recovered, was sent to SFSL Junga for analysis. 8.8. During investigation, the accused persons have disclosed that they have purchased the contraband from Vinod Lalta (applicant). It has also been mentioned in the status report that the Vinod Lalta (applicant) is absconding, as such, further investigation could not be conducted. 9. On the basis of the above facts, a prayer has been made to dismiss the application, as the investigation is at the initial stage. 10. Heard. 11. The NDPS Act is a special statute and keeping in view the adverse impact of the narcotic drugs on the society, especially, on the young generation, this Court is of the view that the applicant is not entitled to any relief under Section 482 of the BNSS. In case, any direction is issued to the Police not to arrest the applicant, it will give wrong signal to the society. 12. In case, any direction is issued to the Police not to arrest the applicant, it will give wrong signal to the society. 12. Considering the fact that the investigation is at the initial stage and in case any restriction is imposed upon the investigating officer, by issuing the directions under Section 482 of the BNSS, that would be nothing, but, would amount to interfere in the investigation, which is not permissible under the Law. 13. Moreover, the applicant is absconding from appearing before the I.O./police for the purpose of interrogation, as such, this Court is of the view that he is not entitled to any relief, at this stage. Hence, the application is dismissed. 15. Any of the observations, made hereinabove, 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 application.