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2025 DIGILAW 237 (HP)

Vijay Bihari v. State of H. P.

2025-02-28

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. Applicant Vijay Bihari has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 177 of 2023, dated 22.11.2023, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS’) registered with Police Station, Theog, District Shimla, H.P. 2. According to the applicant, he has falsely been implicated in this case. 3. As per the applicant, the quantity of chitta/heroin, allegedly recovered from his possession, is 179.98 grams, whereas, the same has been found to be weighing 170.668 grams, in the laboratory. 4. It is the case of the applicant that he is a young man of 25 years and the sole bread earner of his family. 5. It is the further case of the applicant that he is having deep roots in the society, and except the present case, no other case has been registered against him. 6. According to the applicant, chances of conclusion of trial, against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keeping him in judicial custody. The contraband, allegedly recovered, in this case, is also stated to be not falling within the definition of ‘commercial quantity’. 7. All these facts have been highlighted to show that rigors of Section 37 of the NDPS Act are not applicable, in the present case. 8. On the basis of above facts, Ms. Rameshwari Sharma, Advocate, appearing for the applicant, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail. 9. When, put to notice, Police has filed the status report, disclosing therein that on 21.11.2023, ASI Narender Kumar, Incharge, Police Chowki, Fagu, received a secret information on his mobile phone, at about 11:45 p.m. As per the information, a vehicle bearing No.HR-04K-0225, being driven by its driver, was moving from Kufri side. There were stated to be three occupants in the said car, who were having large quantity of narcotic substance, in their possession. The said information was found to be authentic and reliable. There were stated to be three occupants in the said car, who were having large quantity of narcotic substance, in their possession. The said information was found to be authentic and reliable. 9.1 It is the further case of the Police that according to the I.O., the Court complex was at a considerable distance, as such, it was not possible for him to obtain search warrant, and in case, any efforts were made in this regard, in that eventuality, the contraband could have been removed from the vehicle, upon which, he has complied with the provisions of Section 42(2) of the NDPS Act, and submitted the same to the SDPO Theog, through Constable Amit. Thereafter, I.O. alongwith other police officials had put picketing at main chowk, Fagu, at about 12:05 a.m. 9.2 In the meanwhile, vehicle No.HP-09C-4077, being driven by its driver, reached at the place of picketing. Apart from the driver, another person was also found sitting in the car. On inquiry, the driver of the vehicle disclosed his name as Parth, S/o Rajinder Singh, Vill Gallu, P.O. Phagu, Tehsil Theog, District Shimla, H.P., and the other person disclosed his name as Naresh Kumar. Both of them were apprised about the secret information and associated them in the raiding party, as independent witnesses. 9.3 At about 12:30 a.m., vehicle bearing No. HR-04K-0225, being driven by its driver, reached at the spot from Kufri side. The I.O., with the help of other police officials, had stopped the vehicle. Apart from the driver, two other persons were found travelling in the car. In the presence of independent witnesses Parth and Naresh Kumar, names and addresses of those persons were inquired. On inquiry, the driver of the vehicle disclosed his name as Rajesh Saini, S/o Sh. Phool Singh, R/o Village Dhakola, P.O.Saha, Tehsil Barada, District Ambala, Haryana, whereas, the person sitting by the side of the driver seat disclosed his name as Vijay, S/o Salig Ram, R/o Jhuggi Basti Colony Babiyal, Haryana (applicant). The other person, sitting in the car, has disclosed his name as Sumit, S/o Subhash Chand, R/o H.No. 04, Vashishtnagar, Ward No. 13, Baniyal Road, Ambala Cantt. 9.4 After complying with the other codal formalities, the vehicle was searched. During search, chitta/heroin was found to be concealed underneath the footmat. On weighment, the said chitta was found to be 179.98 grams. Other codal formalities were completed. 9.4 After complying with the other codal formalities, the vehicle was searched. During search, chitta/heroin was found to be concealed underneath the footmat. On weighment, the said chitta was found to be 179.98 grams. Other codal formalities were completed. After registration of the FIR, all the aforesaid three persons were arrested, in this case. 9.5 Thereafter, the aforesaid persons were stated to be produced before the competent Court of law, from where, they were remanded to Police custody. 9.6 During investigation, applicant Vijay disclosed that he is supplying chitta/heroin to the smugglers of Rohru area. He used to contact them though whatsapp call. Applicant Vijay disclosed that vehicle No. HR-04K-0225, in which, he was found travelling on 25.11.2023, was purchased by him from accused Sumit. However, the Registration Certificate of the same is still stated to be in the name of Sumit. The vehicle in question was stated to be purchased by the applicant, on installments. 9.7 It is the further case of the Police that applicant Vijay had disclosed that he has been arrested for allegedly possessing 80 grams heroin and remained in custody in Central Jail, Ambala. Apart from this, a case under Section 307 IPC is also stated to have been registered against him. It has also been disclosed by applicant that on 18.11.2023, he alongwith Sumit had gone to Delhi, where, they had negotiated with one African national, where two persons came on a Scooty and handed over the contraband to them. 9.8 It is the further case of the police that during investigation, statements of accounts of applicant Vijay and accused Sumit were obtained. 9.9 According to the status report, two other cases are found to have been registered against applicant Vijay, particulars of which have been reproduced, as under: i) FIR No. 244 of 2022, dated 6.4.2022, under Sections 148, 149, 224, 307, 323, 332, 353 IPC and Sections 21, 21(c), 22, 27 and 29 of the NDPS Act, Police Station Ambala Cantt. ii) FIR No. 308 of 2022, dated 10.8.2022, under Sections 21 of NDPS Act, Police Station Padav, District Ambala, Haryana. 9.10. It is the further case of the Police that applicant Vijay is the main kingpin of the gang, who is supplying chitta/heroin, in the area. Applicant Vijay, in connivance with his companion Sumit Passi, is getting online payment, in the bank account of Sumit Passi. 9.10. It is the further case of the Police that applicant Vijay is the main kingpin of the gang, who is supplying chitta/heroin, in the area. Applicant Vijay, in connivance with his companion Sumit Passi, is getting online payment, in the bank account of Sumit Passi. As per the status report, Sonu Bhotka has deposited a sum of Rs. 32,500/-, in the bank account of Sumit Passi, whereas, accused Vishal Sharma, accused Shivangi, Rakesh Vekta, Vikesh Kumar, and Yashwant Singh Thakur, had deposited a sum of Rs. 26,000/-, Rs. 3200/-, 34,500/-, Rs. 99,000/- and Rs. 2,40,000/-, in the bank account of Sumit Passi and total amount of Rs. 5,72,000/- is found to have been deposited through online payment. Thereafter, accused Sumit Passi has withdrawn the aforesaid amount through ATM and handed over the same to accused Vijay Bihari. Accused Sumit Passi had transferred a sum of Rs.4,87,260/-, in the bank account of Vijay Bihari, whereas, an amount of Rs. 5,05,000/- was withdrawn through ATM. 9.11. Applicant Vijay Bihari is stated to be running an interstate drug racket. 9.12. In the status report, it has been submitted that the case is now listed before the learned trial Court, i.e. learned Additional Sessions Judge, Rohru, Camp at Theog, for 15.1.2025, for statements of PWs. 9.13 Lastly, it has been submitted by the Police that in case the applicant is released on bail, he alongwith his companions, may again indulge in same activities and coerce the witnesses. 9.14 On the basis of above facts, a prayer has been made to dismiss the application. 10. In this case, the applicant has sought relief of bail, mainly on the ground that contraband allegedly recovered from his possession does not fall within the definition of ‘commercial quantity’. 11. Admittedly, the contraband, so recovered, does not fall within the definition of ‘commercial quantity’, but the offences under the provisions of NDPS Act are non-bailable and merely if the rigors of Section 37 of the NDPS Act are not applicable in this case, does not mean that the applicant is liable to be released on bail, as a matter of right. 11. 11. No doubt, investigation in the present case is complete, charge sheet has been filed and the case is now fixed for PWs, but, when, the person is approaching the Court, he is duty bound to mention all the material facts before the Court, seeking relief of bail. The applicant, in his bail application, has not even whispered about the two cases, which, as per the status report, have been registered against him, with Police Station, Ambala Cantt., Haryana and Police Station Padav, Ambala. Both these cases are stated to have been registered under the provisions of Section 21 of the NDPS Act. 12. In such situation, the stand of the Police qua the fact that the applicant is the kingpin of an organized gang, who used to sell the heroin to young generation of the State, cannot be said to be unfounded, at this stage. 13. The applicant is resident of Ambala and as per the stand of the Police, he is having financial transactions with the persons, who were residents of Himachal Pradesh. According to the status report, all the three accused persons, who were initially arrested in this case, while travelling in Car No. HR-04K-0225, are residents of District Ambala, Haryana, and they are having financial transactions with other co-accused, namely, Daya Nand, R/o Seelu Tikker, Tarun @ Tanu, R/o Village Bharada, Tehsil Theog, Sanjay @ Sonu Bhotka, R/o Batlad, Tehsil Theog and Vikesh Kumar @ Vicky, R/o Sangti, Damandari, who were also arrested in this case, on the basis of their financial transactions with the accused, who were initially arrested, in this case, including the applicant. Later on, one Neelam @ Shivangi was also arrested on 4.1.2024, on the basis of her involvement, in this case. 14. In this case, a specific stand has been taken by the Police that accused Vijay Bihari is the kingpin of the Drugs Peddlers’ Gang. He, alongwith his accomplice Sumit Passi, used to collect the amount from the local heroin smugglers, through online payment. 15. As per the status report, in the bank account of Sumit Passi, accused Rakesh Vekta deposited a sum of Rs. 34,500/- accused Vikesh Kumar deposited a sum of Rs. 99,000/-, accused Vishal Sharma deposited a sum of Rs. 26,000/-, accused Shivangi deposited a sum of Rs. 3200/-, accused Daya Nand Sharma deposited a sum of Rs. 65,000/- accused Sanjay deposited a sum of Rs. 34,500/- accused Vikesh Kumar deposited a sum of Rs. 99,000/-, accused Vishal Sharma deposited a sum of Rs. 26,000/-, accused Shivangi deposited a sum of Rs. 3200/-, accused Daya Nand Sharma deposited a sum of Rs. 65,000/- accused Sanjay deposited a sum of Rs. 32,500/- and accused Yashwant Thakur deposited a sum of Rs. 2,40,000/-. As per the Police, the aforesaid amount was withdrawn by accused Sumit Passi and given to applicant Vijay Bihari. 16. In this case, the Police has also apprehended that in case the applicant is released on bail, he may again indulge in the same activities with the help of his companions. These apprehensions, at this stage, can not be said to be unfounded. 17. Considering the above facts, in its entirety, this Court is of the considered opinion that the applicant is not able to make out a case, for grant of bail, in this case. As such, the present application is dismissed. 18. 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 bail application.