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2025 DIGILAW 570 (HP)

Kewal Ram v. State of Himachal Pradesh

2025-04-01

RAKESH KAINTHLA

body2025
JUDGMENT : Rakesh Kainthla, J. The petitioner has filed the present petition to seek regular bail. It has been asserted that the petitioner was arrested vide FIR No. 14 of 2025, dated 14.2.2025, for the commission of offences punishable under Sections 21 and 25 of the Narcotic Drugs and Psychotropic Substances Act (ND&PS Act), registered at Police Station Kunihar, District Solan, H.P. No recovery was effected from the petitioner. No notice under Section 50 of the Act was given to him. The petitioner has no concern with the recovered contraband. His custodial interrogation is not required. He would abide by all the terms and conditions which the Court may impose. Hence the petition. 2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 13.2.2025. They received a secret information at 12:25 AM that a vehicle bearing registration No. HP-08A-6193 was transporting a huge quantity of charas. The police reduced the information into writing and intercepted the vehicle at 1.00 AM. The driver revealed his name as Kewal Ram. Another person sitting beside the driver revealed his name as Raju. The police searched the vehicle and found 307 grams of charas. The police seized the charas and arrested the occupants of the vehicle. An FIR No. 11/11 was registered against the petitioner at Police Station Parwanoo, and he was acquitted by the Court on 29.5.2015. As per the report of analysis, the exhibit was an extract of cannabis and a sample of charas. The charge sheet is being prepared and filed before the Court. 3. I have heard Mr. Inderjeet Singh Narwal, learned counsel for the petitioner and Mr. Tarun Pathak, learned Deputy Advocate General, for the respondent-State. 4. Mr. Inderjeet Singh Narwal, learned counsel for the petitioner, submitted that the petitioner is innocent and was falsely implicated. No recovery is to be effected from him, and the prosecution's case is false. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail. 5. Mr Tarun Pathak, learned Deputy Advocate General for the respondent-State, submitted that the petitioner was found in possession of 307 grams of charas, which is a huge quantity and could not have been meant for self-consumption. The petitioner would indulge in the commission of a similar offence in case of his release on bail. 5. Mr Tarun Pathak, learned Deputy Advocate General for the respondent-State, submitted that the petitioner was found in possession of 307 grams of charas, which is a huge quantity and could not have been meant for self-consumption. The petitioner would indulge in the commission of a similar offence in case of his release on bail. Hence, he prayed that the present petition be dismissed. 6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully. 7. The parameters for granting bail were considered by the Hon’ble Supreme Court in Ramratan v. State of M.P. , 2024 SCC OnLine SC 3068 , wherein it was observed as follows: - “12. The fundamental purpose of bail is to ensure the accused's presence during the investigation and trial. Any conditions imposed must be reasonable and directly related to this objective. This Court in Parvez Noordin Lokhandwalla v. State of Maharastra (2020) 10 SCC 77 observed that though the competent court is empowered to exercise its discretion to impose “any condition” for the grant of bail under Sections 437(3) and 439(1)(a) CrPC, the discretion of the court has to be guided by the need to facilitate the administration of justice, secure the presence of the accused and ensure that the liberty of the accused is not misused to impede the investigation, overawe the witnesses or obstruct the course of justice. The relevant observations are extracted herein below: “14. The language of Section 437(3) CrPC which uses the expression “any condition … otherwise in the interest of justice”, has been construed in several decisions of this Court. Though the competent court is empowered to exercise its discretion to impose “any condition” for the grant of bail under Sections 437(3) and 439(1)(a) CrPC, the discretion of the court has to be guided by the need to facilitate the administration of justice, secure the presence of the accused and ensure that the liberty of the accused is not misused to impede the investigation, overawe the witnesses or obstruct the course of justice. Several decisions of this Court have dwelt on the nature of the conditions which can legitimately be imposed both in the context of bail and anticipatory bail.” (Emphasis supplied) 13. Several decisions of this Court have dwelt on the nature of the conditions which can legitimately be imposed both in the context of bail and anticipatory bail.” (Emphasis supplied) 13. In Sumit Mehta v. State (NCT of Delhi) (2013) 15 SCC 570 , this Court discussed the scope of the discretion of the Court to impose “any condition” on the grant of bail and observed in the following terms: — “15. The words “any condition” used in the provision should not be regarded as conferring absolute power on a court of law to impose any condition that it chooses to impose. Any condition has to be interpreted as a reasonable condition acceptable in the facts permissible in the circumstance, and effective in the pragmatic sense, and should not defeat the order of grant of bail. We are of the view that the present facts and circumstances of the case do not warrant such an extreme condition to be imposed.” (Emphasis supplied) 14. This Court, in Dilip Singh v. State of Madhya Pradesh (2021) 2 SCC 779 , laid down the factors to be taken into consideration while deciding the application for bail and observed: “ 4. It is well settled by a plethora of decisions of this Court that criminal proceedings are not for the realisation of disputed dues. It is open to a court to grant or refuse the prayer for anticipatory bail, depending on the facts and circumstances of the particular case. The factors to be taken into consideration while considering an application for bail are the nature of the accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution; reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; the reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; character, behaviour and standing of the accused; and the circumstances which are peculiar or the accused and larger interest of the public or the State and similar other considerations. A criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant, and that too, without any trial.” (Emphasis supplied) 8. A criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant, and that too, without any trial.” (Emphasis supplied) 8. The present petition has to be decided as per the parameters laid down by the Hon’ble Supreme Court. 9. A perusal of the status report shows that the petitioner was found driving a vehicle bearing registration No. HP-08A-6193 from which 307 grams of charas was recovered. Therefore, prima facie, the petitioner is involved in the commission of an offence punishable under Section 20(b)(i)(B) of the ND&PS Act. 10. It has been asserted in the status report that FIR No.11/11, dated 21.1.2011, was registered against the petitioner in Police Station Parwanoo, and the petitioner was acquitted by this Court on 29.5.2015. Therefore, the petitioner has no criminal antecedents as of today. 11. The petitioner was found in possession of 307 grams of charas, which is more than a small quantity and less than a commercial quantity. Hence, the rigours of Section 37 of the ND&PS Act do not apply to the present case. 12. The status report shows that the charge sheet has not been filed and is being prepared. The preparation of the charge sheet will take some time. The Court will take cognisance of the commission of the offence, and thereafter, the evidence is to be led, which will also take some time. The petitioner cannot be kept behind the bars indefinitely till the conclusion of the trial. Keeping in view all these considerations, the petitioner is entitled to bail. 13. In view of the above, the present petition is allowed, and the petitioner is ordered to be released on bail in the sum of ?50,000/- with one surety of the like amount to the satisfaction of the learned Trial Court. Keeping in view all these considerations, the petitioner is entitled to bail. 13. In view of the above, the present petition is allowed, and the petitioner is ordered to be released on bail in the sum of ?50,000/- with one surety of the like amount to the satisfaction of the learned Trial Court. While on bail, the petitioner will abide by the following terms and conditions: - (I) The petitioner will not intimidate the witnesses, nor will he influence any evidence in any manner whatsoever; (II) The petitioner shall attend the trial in case a charge sheet is presented against him and will not seek unnecessary adjournments; (III) The petitioner will not leave the present address for a continuous period of seven days without furnishing the address of the intended visit to the SHO, the Police Station concerned and the Trial Court; (IV) The petitioner will surrender his passport, if any, to the Court; and (V) The petitioner will furnish his mobile number and social media contact to the Police and the Court and will abide by the summons/notices received from the Police/Court through SMS/ WhatsApp/ Social Media Account. In case of any change in the mobile number or social media accounts, the same will be intimated to the Police/Court within five days from the date of the change. 14. It is expressly made clear that in case of violation of any of these conditions, the prosecution will have the right to file a petition for cancellation of the bail. 15. The petition stands accordingly disposed of. A copy of this order be sent to the Jail Superintendent, Central Model Jail, Kanda, H.P. and the learned Trial Court by FASTER. 16. The observation made herein before shall remain confined to the disposal of the instant petition and will have no bearing whatsoever on the merits of the case.