Research › Search › Judgment

Himachal Pradesh High Court · body

2025 DIGILAW 261 (HP)

Govind Singh v. State of H. P.

2025-03-03

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 19 of 2025, dated 11.2.2025, registered under Section 29 of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act”) with Police Station, Rampur Bushehr, District Shimla, H.P. 2. The applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case. 3. It is the case of the applicant that he has been falsely named as accused in this case, as he has nothing to do with this case. 4. On the basis of above facts, Mr. Sanjeev Bhushan, Senior Advocate, assisted by Mr. Sparsh Bhushan, Advocate, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 5. On 19.2.2025, while issuing notice to the respondent-State, interim protection was granted to the applicant and the matter was adjourned for 24.2.2025. 5.1 On 24.2.2025, the Police filed status report, disclosing therein that on 11.2.2025, HC Gaurav Jishtu No. 172, Incharge, Detection Cell Team, Sub Division, Rampur has submitted a ruqua, disclosing therein that on 11.2.2025, he, alongwith other police officials had left the office, for collecting information regarding Excise and Narcotics, and entered the rapat in the relevant register. 5.2 When, they were on their way to Nagoli, Dakolad, New Bus Stand, Khaneri, then, at about 3:43 a.m., they found a person sitting on parapet near Field Hostel. Since, it was odd time of the night, as such, the I.O. developed suspicion in his mind. The I.O. directed the driver to stop the vehicle, upon which, the said person, all of a sudden, stood up and threw something from his pocket towards the lower side of the road and tried to flee away. Thereafter, he was nabbed by the Police and the thing, which he had thrown, was also lifted and he was inquired about the said thing. But, he could not give any satisfactory answer and got perplexed. Thereafter, he was nabbed by the Police and the thing, which he had thrown, was also lifted and he was inquired about the said thing. But, he could not give any satisfactory answer and got perplexed. The I.O. tried to associate the drivers/occupants of the vehicles, which were found passing from that place, but, no one was ready to be associated. Thereafter, Const. Ravinder Singh and Const. Mahinder Singh were associated in the investigation as independent witnesses. In the presence of independent witnesses, name and address of the aforesaid person was inquired. On inquiry, he disclosed his name as Sahil, S/o Padam Lal, VPO Bari, Tehsil Nichar, District Kinnaur, HP. 5.3 In the presence of independent witnesses, the suspected thing thrown by accused Sahil, was opened, which was found to be transparent polythene envelope. On opening the same, a granule shaped light yellow coloured substance was found, which, on checking, was found to be chitta/heroin. On weighment, the same was found to be 6.13 grams. 5.4 On the basis of ruqua, FIR was registered and contraband was taken into possession and accused Sahil was arrested. 5.5 During inquiry, accused Sahil has disclosed that he is studying in BA-II, in Rampur College. He has further disclosed that he is having rented accommodation at Nogli Devtan. His father is stated to be Mason by profession and he has four siblings. He has further revealed that his friends from village work in Mohali Network Marketing. He has further disclosed that he has started residing with him and he had prepared 15 sticks of cannabis. He was nabbed by Police on 27.12.2024 by Panchkula Police, for possessing 100 grams Charas, and the case under the provisions of NDPS Act was registered against him. He is stated to have remained in judicial custody for about one month. On 8.2.2025, he had gone to attend the Court proceedings. Thereafter, on 9.2.2025, at about 11:30 a.m. his brother-in-law Govind Singh (applicant) had called him and apprised him that one person will meet him at Batlana. At Batlana, an old man met him, about whom, his brother-in-law Govind had told him. He handed over some plastic envelope to the accused person. Thereafter, alongwith the said packet, he came back and when, he alighted from the bus, Police nabbed him. At Batlana, an old man met him, about whom, his brother-in-law Govind had told him. He handed over some plastic envelope to the accused person. Thereafter, alongwith the said packet, he came back and when, he alighted from the bus, Police nabbed him. He has also disclosed that the payment for purchasing heroin/chitta was made directly by his brother-in-law Govind Singh, to that person through Google Pay app. 5.6 During investigation, accused Sahil made statement under Section 23 of BSA, disclosing therein the above facts. Thereafter, CDR of mobile Nos. 85804- 79423 and 80915-36971 were obtained and frequent calls were found between these two numbers. 5.7 Thereafter, bank statement of accused Sahil from H.P. State Cooperative Bank, Kalpa was obtained, according to which, applicant Govind Singh had transferred the money through Google Pay app, in the account of Sahil, in the months of November, December, 2024. 5.8 Thereafter, on 20.2.2025, applicant Govind Singh appeared before the Police alongwith the order passed by this Court and joined the investigation. As per his revelations, on 10.2.2025, he has transferred Rs. 14,000/- through Google Pay to someone at Panchkula. Thereafter, Rs. 10,000/- were also transferred in the bank account of Sahil. 5.9 During investigation, it has also been found that following cases have been registered against the applicant, details of which are given as under: i) FIR No. 81 of 2015, dated 6.8.2015, under Sections 279 and 337 IPC, P.S.Jhakri; ii) FIR No. 60 of 2018, dated 27.6.2018, under Sections 279 IPC and Sections181, 187 and 196 of M.V. Act, P.S. Jhakri; iii) FIR No. 86 of 2024, dated 20.7.2024, u/s 21 and 29 of NDPS, P.S.Rampur, District Shimla, HP; iv) FIR No. 22/2023, dated 25.2.2023, u/s 21 and 29 of NDPS Act, P.S.Kumarsain, District Shimla, H.P. 5.10 All these cases are reported to be pending adjudication. 5.11 On the basis of above facts, prayer for bail has been opposed on the ground that for the last so many years, the applicant is indulged in the business of selling chitta and there is a lot of resentment in the society, against the applicant. 5.12 The applicant is stated to have violated the terms and conditions of the earlier cases, registered, under the provisions of Section 21 and 29 of the NDPS Act. 5.12 The applicant is stated to have violated the terms and conditions of the earlier cases, registered, under the provisions of Section 21 and 29 of the NDPS Act. 5.13 Apart from this, it has also been prayed that in order to ascertain the forward and backward linkage, custodial interrogation of the applicant is required. 6. Applicant, in this case, has been named as accused under the provision of Section 21 of the NDPS Act. Hon’ble Supreme Court in case titled as, Narcotics Control Bureau Vs. Kashif, reported in 2024 INSC 1045 has elaborately discussed the provisions of NDPS Act. Relevant paragraph-7 of the judgment is reproduced as under: “7. A three-judge bench in case of Hira Singh and Another Vs. Union of India and Another expressing serious concern about the problem of drug addicts and mafia at the national and international level had observed that the provisions of NDPS Act are required to be interpreted keeping in mind the object and purpose of the said Act and the impact on the society as a whole. It was also observed that the Act is required to be interpreted literally and not liberally which may ultimately frustrate the object, purpose and Preamble of the Act. The precise observations made therein are reproduced hereunder: "10.5. The problem of drug addicts is international and the mafia is working throughout the world. It is a crime against the society and it has to be dealt with iron hands. Use of drugs by the young people in India has increased. The drugs are being used for weakening of the nation. During the British regime control was kept on the traffic of dangerous drugs by enforcing the Opium Act, 1857 the Opium Act, 1875 and the Dangerous Drugs Act, 1930. However, with the passage of time and the development in the field of illicit drug traffic and during abuse at national and international level, many deficiencies in the existing laws have come to notice. Therefore, in order to remove such deficiencies and difficulties, there was urgent need for the enactment of a comprehensive legislation on narcotic drugs and psychotropic substances, which led to enactment of the NDPS Act. As observed hereinabove, the Act is a special law and has a laudable purpose to serve and is intended to combat the menace otherwise bent upon destroying the public health and national health. As observed hereinabove, the Act is a special law and has a laudable purpose to serve and is intended to combat the menace otherwise bent upon destroying the public health and national health. The guilty must be in and the innocent ones must be out. The punishment part in drug trafficking is an important one but its preventive part is more important. Therefore, prevention of illicit traffic in the Narcotic Drugs and Psychotropic Substances Act, 1985 came to be introduced. The aim was to prevent illicit traffic rather than punish after the offence was committed. Therefore, the courts will have to safeguard the life and liberty of the innocent persons. Therefore, the provisions of the NDPS Act are required to be interpreted keeping in mind the object and purpose of the NDPS Act; impact on the society as a whole and the Act is required to be interpreted literally and not liberally which may ultimately frustrate the object, purpose and Preamble of the Act. Therefore, the interpretation of the relevant provisions of the statute canvassed on behalf of the accused and the intervener that quantity of neutral substance(s) is not to be taken into consideration and it is only actual content of the weight of the offending drug, which is relevant for the purpose of determining whether it would constitute "small quantity or commercial quantity", cannot be accepted.” 7. The applicant, against whom, two similar cases have already been registered, when approached this Court, has not mentioned this material fact, in the bail application. In the bail application, he has simply mentioned that case under Section 29 of the NDPS has been registered against him, with Police Station, Rampur, whereas, case under Section 21, read with Section 29 of the NDPS Act was registered against him, as his co-accused was found possessing 6.13 grams chitta/heroin, which, according to the Police, has been purchased by co-accused Sahil by the amount, which has allegedly been transferred by the applicant. 8. While deciding the question of bail, a delicate balance, between the individual liberty and larger interest of the society, has to be maintained. 9. In this case, the Police has specifically put forward the plea that in case, the relief, as claimed in the application, is granted to the applicant, he may again indulge in the similar activities, which would ruin the young generation. 9. In this case, the Police has specifically put forward the plea that in case, the relief, as claimed in the application, is granted to the applicant, he may again indulge in the similar activities, which would ruin the young generation. Keeping in view the fact that two similar cases have already been registered against the applicant, said apprehension cannot be said to be unfounded, at this stage. 10. Considering all these facts, this Court is of the view that the applicant is not entitled for relief, as claimed, as such, the present bail application is dismissed. 11. 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.