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2025 DIGILAW 342 (HP)

Naman Katal v. State of Himachal Pradesh

2025-03-11

VIRENDER SINGH

body2025
JUDGMENT : (Virender Singh, J.) Applicant-Naman Katal, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ' BNSS '), with a prayer to release him on bail, in case FIR No.216 of 2024, dated 05.12.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Dhalli, District Shimla, H.P. 2. According to the applicant, he has falsely been named as accused and arrested, by the Police on 6.12.2024, in the present case, for allegedly possessing 7.47 grams of Chitta. 3. It is the further case of the applicant that he has no connection whatsoever, with the said contraband and is innocent person. He has termed the prosecution case as highly doubtful and improbable. 4. As per the applicant, the contraband allegedly shown to be recovered from the possession of the applicant, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case. 5. The applicant, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 6. The applicant has also tried his luck by moving similar application before the learned Special Judge, Shimla, bearing Bail Application No.7-S/22 of 2025, however, the same was dismissed, vide order dated 10 th January, 2025. 7. On the basis of the above facts, 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 05.12.2024, Inspector Shiv Kumar, has submitted a rukka, for registration of FIR, mentioning therein that on that day, i.e. 05.12.2024, he, along with other police officials, was on patrolling duty to detect the crime relating to excise Act. 8.1. At about 08.20 p.m., when, the police party, reached at Cemetery Gate, they noticed two persons coming out from graveyard and moving towards Cemetery gate. 8.2. On seeing the police, both of them had tried to run away. While doing so, one had thrown away a packet out of his pocket towards the retaining wall. Hence, a suspicion has developed in the mind of the I.O. 8.3. 8.2. On seeing the police, both of them had tried to run away. While doing so, one had thrown away a packet out of his pocket towards the retaining wall. Hence, a suspicion has developed in the mind of the I.O. 8.3. Thereafter, the I.O. had nabbed both the said persons with the help of other police officials, whereas, the packet, thrown by one of the said persons, was lifted from there and was opened in the presence of two independent witnesses; namely Ajay Bhardwaj and Pushpa. 8.4. On inquiry, the person, who had thrown away the packet, has disclosed his name as Naman Katal (applicant), whereas, the other person has disclosed his name as Arshdeep Singh. The said packet was found containing granular shaped substance, which, on weighment was found to be 7.470 grams. 9. On the basis of the rukka, the Police has registered the FIR, in question. The contraband, was taken into possession and both the accused were arrested. 10. As per the status report, against Naman Katal (applicant), a case under Section 21 of the NDPS Act, was found to be registered with Special Task Force, Sector-79, Mohali, in which, he was found in possession of 20 grams of Chitta. The said case is stated to be pending adjudication before the competent Court of law. 11. The co-accused of the applicant is also stated to be released on bail on 10.1.2025, by the learned Special Judge Shimla, whereas, the application of the applicant is stated to have been dismissed. 12. As per the status report, after completion of the investigation, charge sheet has been filed in the competent court of law, which is now pending before the Court of learned Additional Sessions Judge-II, Shimla. 13. On the basis of the above facts, a prayer has been made to dismiss the application. 14. Heard. 15. Admittedly, the contraband allegedly recovered from the possession of the applicant does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case. 16. The investigation is also complete. Hence, it can be said that no useful purpose would be served, by keeping the applicant in judicial custody, that too, for indefinite period, as, chances of commencement and conclusion of trial, against the applicant, are not so bright. 17. 16. The investigation is also complete. Hence, it can be said that no useful purpose would be served, by keeping the applicant in judicial custody, that too, for indefinite period, as, chances of commencement and conclusion of trial, against the applicant, are not so bright. 17. So far as registration of another case, against the applicant, under the provisions of Section 21 of the NDPS Act, is concerned, admittedly, in the said case, he has not been convicted by the competent Court of law so far. Mere registration of the case does not take away the presumption of innocence from the applicant. 18. The applicant is young man of 24 years and is in custody from the date of his arrest i.e. 6.12.2024. 19. As stated above, the chances of commencement and conclusion of trial, against the applicant, are not so bright, as such, no useful purpose would be served, by keeping him in judicial custody, that too, for indefinite period, and in the company of hardened criminals, due to which, certainly, his future would be effected adversely. 20. Even on the ground of parity, the applicant is entitled for the relief, as prayed for, as, his co-accused Arshdeep Singh, has already been released, on bail, by the learned Special Judge, Shimla on 10.01.2025. 21. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. Consequently, the applicant is ordered to be released on bail in case FIR No.216 of 2024, dated 05.12.2024, under Sections 21 of the NDPS Act, registered with Police Station, Dhalli, District Shimla, H.P., on his furnishing personal bond in the sum of Rs.50,000/-, with one surety, in the like amount, to the satisfaction of learned trial Court. 22. Consequently, the applicant is ordered to be released on bail in case FIR No.216 of 2024, dated 05.12.2024, under Sections 21 of the NDPS Act, registered with Police Station, Dhalli, District Shimla, H.P., on his furnishing personal bond in the sum of Rs.50,000/-, with one surety, in the like amount, to the satisfaction of learned trial Court. 22. This order of release, however, shall be subject to the following conditions :- “a) Applicant shall make himself available for the purpose of interrogation, if so required 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 Office; and d) Applicant shall not leave the territory of India without the prior permission of the Court.” 23. 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. 24. 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. 25. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Kaithu, District Shimla through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 26. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Kaithu, District Shimla, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, District Jail, Kaithu, District Shimla, 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.