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2025 DIGILAW 401 (HP)

Pawan Kumar v. State of Himachal Pradesh

2025-03-19

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. Applicant-Pawan Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’), with a prayer to release him on bail, during the pendency of the trial, in case FIR No.180 of 2024, dated 06.11.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Kangra, District Kangra, H.P. 2. According to the applicant, he is innocent person and has falsely been named and arrested, in this case, for allegedly possession 26.10 grams of Chitta/Heroin. 3. As per the applicant, investigation, in this case, is complete and no useful purpose would be served, by keeping the applicant, in the judicial custody, as, there is no likelihood of conclusion of trial, against him, in near future. The applicant is stated to be in judicial custody for the last more than three months. 4. The applicant has also tried his luck, by moving a similar application, before the learned Special Judge-II, Kangra at Dharamshala, District Kangra, bearing Bail Application No.23 of 2025, however, the said application was dismissed on 23.01.2025. 5. On the basis of the above facts, Mr. J.L. Bhardwaj, learned Senior Advocate assisted by Mr. Sanjay Bhardwaj, Advocate has prayed that the application may kindly be allowed and the applicant may kindly be released on bail during the pendency of the trial. 6. When put to notice, the police has filed the status report, disclosing therein, that on 06.11.2024, SI Gurdev Singh, Investigation Officer, Police Station, Kangra, has submitted a rukka to the police station for the registration of the FIR, mentioning therein that he, along with other police officials, was on patrolling duty in order to detect crime relating to narcotic drugs. At about 09.30. a.m., when, the police party was present at a place known as ‘Baudar Balla’, then, the I.O. received a secret information, with regard to the fact that the applicant and his wife are indulged in the business of selling Chitta/ Heroin, from their house and as per the informant, in case, their house is searched, then, large quantity of Chitta can be recovered. 6.1. The said information was found to be authentic and reliable. 6.1. The said information was found to be authentic and reliable. As per the I.O., in case, he would have obtained search warrants, in that situation, there was possibility of removal of contraband. As such, the I.O., complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the superior officer. 6.2. Thereafter, the I.O. has associated independent witnesses, after apprising them about the secret information. 6.3. Subsequently, the I.O., along with other police officials, as well as, the independent witnesses, reached at the house of Pawan Kumar (applicant). Pawan Kumar (applicant) and his wife were found present. They were apprised about the secret information, which the I.O. had received and the house was searched. 6.4. During search of the house, Chitta/Heroin was found from the basket put on the refrigerator in the kitchen. On weighment, it was found to be 26.10. grams. Apart from this, gold jewelry weighing 241.200 grams and silver weighing 1207 grams, currency notes of Rs.44,580/- in the denomination of 10/-, 20/-, 50/-, 100/-, 200/- and 500/- were found. 7. After completion of the codal formalities, the FIR, in question, was registered, against the accused persons and the criminal machinery swung into motion. 8. The contraband, along with other case property, was taken into possession and the accused persons were arrested. 9. During investigation, accused Pawan Kumar (applicant) and Neena Devi, disclosed that they used to sell Chitta @ Rs.3,000/- per half gram. Accused Pawan Kumar (applicant) has disclosed that he has purchased the Chitta from Deepak, who belongs to Hoshiarpur (Punjab). Thereafter, Deepak was arrested, in this case. 10. As per the status report, the following five cases are found to have been registered against the applicant :- (i) FIR No.27/19 dated 22.02.2019 under Sections 20 & 21 of the NDPS Act, Police Station Kangra. (ii) FIR No.09/20 dated 08.01.2020 under Section 21 of the NDPS Act, Police Station Kangra. (iii) FIR No.189/20 dated 02.10.2020 under Section 21 of the NDPS Act, Police Station Kangra. (iv) FIR No.19/23 dated 02.02.2023 under Section 20 of the NDPS Act, Police Station Kangra. (v) FIR No.109/23 dated 15.07.2023 under Section 21 of the NDPS Act, Police Station Kangra. 11. (iii) FIR No.189/20 dated 02.10.2020 under Section 21 of the NDPS Act, Police Station Kangra. (iv) FIR No.19/23 dated 02.02.2023 under Section 20 of the NDPS Act, Police Station Kangra. (v) FIR No.109/23 dated 15.07.2023 under Section 21 of the NDPS Act, Police Station Kangra. 11. In this case, the police has taken a specific stand that after investigation, charge sheet has been submitted in the competent Court of law, i.e. Additional Sessions Judge-I, Kangra at Dharamshala, which is now fixed for 15.03.2025, for consideration on charge. 12. On the basis of the above facts, a prayer has been made to dismiss the application. 13. Admittedly, from the possession of the accused 26.10 grams of Chitta/Heroin, was recovered, which does not fall within the definition of commercial quantity, as such, rigors of Section 37 are not applicable, in the present case. 14. During the course of arguments, it has been highlighted by learned Senior counsel that the wife of the applicant, Neena Devi and co-accused Deepak have already been released on bail. 15. This fact, in the opinion of this Court, is too short to grant the relief to the applicant, as, in the recent past, five cases were found to have registered, against the applicant and all the cases, were under the provisions of NDPS Act, and that too, involving the contraband Heroin/Chitta. 16. In case, at this stage, the applicant is released on bail, then, it would give a wrong signal to the society that after committing such a serious offence, which has ramification over the society, the applicant is moving freely in the society and it will allure other persons to indulge themselves in the business of selling Chitta/Heroin. 17. At the time of deciding the question of bail, a delicate balance between the individuality and the larger interest of the society is to be considered. 18. In the status report, the police had also expressed its apprehension that in case the applicant is released on bail, he may again indulge in the same activities and with his companion, he will allure/push the young generation, in the bad habit of consuming drugs. 19. 18. In the status report, the police had also expressed its apprehension that in case the applicant is released on bail, he may again indulge in the same activities and with his companion, he will allure/push the young generation, in the bad habit of consuming drugs. 19. In the considered opinion of this Court, at this stage, the apprehension of the police, as stated above, cannot be said to be unfounded, as, there are, as many as, five cases, registered under Sections 20 and 21 of the NDPS Act, against the applicant. Merely, on the basis of registration of the cases, the accused cannot be said to be a habitual offender, however, the factum of registration of cases, under the provisions of NDPS Act, that too, under Section 21 (4 cases), speaks voluminously, in support of the apprehension of the Police. 20. Considering all these facts, this Court is of the view that the applicant has failed to make out a case for releasing him on bail, at this stage. Consequently, the application is dismissed. 21. 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.