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2025 DIGILAW 904 (HP)

Ranjan Sharma v. State of H. P.

2025-05-05

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. Applicant-Ranjan Sharma 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.47 of 2024, dated 13.09.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Kotkhai, District Shimla, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case. 3. According to the applicant, no recovery has been effected from him and the investigation, in the present case, is complete, as the police has submitted the charge-sheet against him, as well as, his co-accused, in the competent Court of law. 4. Applicant has also tried his luck, by moving similar Application, before the Court of learned Special Judge, Rohru, Camp at Theog, which was dismissed on 19.02.2025. 5. Apart from this, learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 6. The applicant has also sought the relief of bail on the ground of parity, as, his co-accused Mehak Negi, Simran Negi, Pramod Khimta, Sachin Chauhan, Vikas Dutta and Lokinder, have already been released on bail, by this Court, vide orders dated 9.12.2024 and 01.01.2025, passed in Cr.MP(M) Nos.2648, 2649, 2950, 2974, 2978, and 2981 of 2024. 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 13.09.2024, I.O./ASI Karan Negi, along with other Police officials, had left the Police Station, in the official vehicle, for patrolling duty in order to detect the crime relating to excise and narcotic drugs. 8.1. At about, 10.30 a.m., when, the police party was present at a place known as Kokunala, then, the I.O. has received a secret information regarding indulgence of Suman Shahi, who is residing in the First Floor of the Rajinder Negi building, Kotkhai in the sale of Chitta/ heroin. As per the information, in case, said rented accommodation is searched, then, large quantity of Chitta/ Heroin could be recovered. 8.2. As per the information, in case, said rented accommodation is searched, then, large quantity of Chitta/ Heroin could be recovered. 8.2. The said information was found to be authentic and reliable. According to the I.O., in case, search warrants were obtained, in that eventuality, there were chances that the contraband could be removed therefrom. As such, the information under Section 42(2) ND & PS Act, was prepared and the same was sent to the SDPO, Theog. 8.3 Thereafter, the I.O., along with the police officials, proceeded towards the Rajinder Negi building, Kotkhai. The owner of the building, Rajinder Negi, and Ward Member, were teleologically requested to come near Punjab National Bank, Kotkhai. When, ASI, and the other police officials reached at PNB Bank, Kotkhai, then, Rajinder Negi and Mohit Nanda, Ward Member, met them and both were apprised about the secret information, which the I.O. had received. 8.4. At about 12.45 p.m., when, the I.O. reached at the rented accommodation of Suman Shahi, along with raiding party and independent witnesses, the room was found closed from inside. On knocking, the door was opened by one lady. Two other persons were also found present there. 8.5. On inquiry, the said lady has disclosed her name as Suman Shahi, wife of late Vishnu Shahi and the two other persons disclosed their names as Ranjan Sharma (applicant) and Kamal Acharya. Thereafter, they were apprised about the secret information received by the I.O., before searching the said room. In the presence of independent witnesses, the I.O., as well as, raiding party had given their personal search. Thereafter, the search of the room of Suman Shahi was conducted. 8.6. During search, one almirah was found in the corner of the room, in which, a ball shaped substance wrapped with the plastic tape was found. When, the same was cut and opened, then, on the basis of the experience and on the revelation of Suman Shahi, the same was found to be Chitta/Heroin. 8.7. On weighing, the said contraband was found to be 30.640 grams. Other codal formalities were completed and the contraband was taken into possession. Thereafter, personal search of all the three was required, by the I.O. They were apprised about their legal right of being searched by the I.O. or by a Magistrate, upon which, they have opted to be searched before the Magistrate. 8.8. Other codal formalities were completed and the contraband was taken into possession. Thereafter, personal search of all the three was required, by the I.O. They were apprised about their legal right of being searched by the I.O. or by a Magistrate, upon which, they have opted to be searched before the Magistrate. 8.8. Thereafter, Tehsildar Kotkhai, Kalam Singh Chauhan, was requested to come to the spot, who has come to the spot at about 2.20 p.m., and in his presence, the personal search of all the three persons was conducted, but, nothing incriminating was found from their possession. Thereafter, all the three were arrested. 8.9. During investigation, accused Kamal Acharya has disclosed that he has purchased the contraband from a Nigerian at Delhi. Thereafter, he used to sell the same to Ranjan Sharma (applicant) for being sold in the Kotkhai area. This business was continued from the year 2021. He has also given the mobile number of the said Nigerian. 8.10. Statement of accused Suman Shahi was also recorded, according to which, it was transpired that the amount, so received by selling the Chitta, was deposited in the account of Suman Shahi. As per the police, all the three are running an organized interstate Gang and doing the business of selling Chitta. 8.11. It is the further case of the police that during the inquiry accused Sachin Chauhan disclosed that he is addict of Chitta from the year 2022, he had started purchasing Chitta from the applicant-accused Ranjan Sharma, who used to deliver Chitta at his home and he used to pay the amount through Google Pay App. Accused Ranjan Sharma (applicant) with the help of CDM machine used to transfer the amount in his account and at the instance of applicant-Ranjan Sharma accused Sachin Sharma used to deposit the amount in the account of Suman Shahi and Kamal Acharya. Similar allegations have been made by accused Kapil Sawant. 8.12. So far as the criminal history of the applicant, is concerned, two cases are stated to have been registered against the applicant Ranjan Sharma, particulars which are as under:- “(i) FIR No.16 of 2021, dated 18.03.2021, under Section 21 of NDPS Act, registered with Police Station, Kotkhai. (ii) FIR No.256 of 2022, dated 16.10.2022, under Sections 21 and 29 of NDPS Act, registered with Police Station West.” 8.13. (ii) FIR No.256 of 2022, dated 16.10.2022, under Sections 21 and 29 of NDPS Act, registered with Police Station West.” 8.13. On the basis of the above facts, it has been submitted by the police that the applicant has not complied with the conditions of bail, on which, he has been released by the competent Court of law and after violating the conditions, he has again indulged in the business of selling Chitta. 8.14. In addition to this, it has also been apprehended, that in case, the applicant is ordered to be released on bail, he may again indulge in the same activities and may also coerce the witnesses by alluring them not to depose against him. It has also been pleaded that the applicant is very clever person and he has used the sim card, which was registered in the name of accused Kamal Acharya, resident of Delhi. 9. On the basis of the above facts, involvement of the applicant was found. He was associated, in the investigation and was arrested on 13.09.2024. 10. On the basis of the above facts, it has been apprehended that in case, the applicant is released on bail, then, there are chances that he may again indulge in the same activities. His act has also caused a lot of resentment in the area. 11. After completion of the investigation, charge- sheet is stated to have been submitted in the Court of learned Additional Sessions Judge, Rohru, which is now listed for service on 15.05.2025. 12. So far as the registration of two other cases is concerned, admittedly in both the cases, applicant has not been convicted by the competent Court of law. As such, registration of those cases is too short to take away the presumption of innocence, which is still available to the applicant. 13. The contraband, allegedly recovered in the present case, 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. 14. The investigation, in the present case, is complete and the applicant is in judicial custody. This fact demonstrates that his custodial interrogation is not required. 15. Moreover, the 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 them, in judicial custody, that too, for indefinite period. This fact demonstrates that his custodial interrogation is not required. 15. Moreover, the 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 them, in judicial custody, that too, for indefinite period. 16. Even otherwise, the bail application cannot be rejected, as a matter of punishment, as, pre-trial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by competent Court of law. 17. Moreover, on the ground of parity also, the applicant is entitled to be released on bail, as, his co- accused Mehak Negi, Simran Negi, Pramod Khimta, Sachin Chauhan, Vikas Dutta and Lokinder, have already been released, on bail, by this Court, vide orders dated 09.12.2024 and 01.01.2025. 18. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.47 of 2024, dated 13.09.2024, under Sections 21 and 29 of the NDPS Act, registered with Police Station, Kotkhai, District Shimla, H.P., on his furnishing personal bond in the sum of Rs.75,000/-, with one surety, in the like amount, to the satisfaction of learned Chief Judicial Magistrate/any Judicial Magistrate First Class, Shimla, District Shimla, H.P. 19. 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.” 20. 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 applications. 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 applications. 21. 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. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent 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. 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent Jail, District Jail, Kaithu, District Shimla, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent 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.