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Himachal Pradesh High Court · body

2025 DIGILAW 910 (HP)

Ngawang Nyima v. State of H. P.

2025-05-05

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, Judge Applicant Ngawang Nyima has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNS S ’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 11 of 2025, dated 11.1.2025, registered under Sections 21 , 29- 61-1985 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’), and Section 212 (A) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS ’), with Police Station, Dharamshala, District Kangra, H.P. 2. The applicant has pleaded that he is an innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the alleged offence, for which, he has been arrested, by the police. 3. According to the applicant, no recovery has been effected from his possession. Investigation, in the present case, is stated to be completed. As such, according to the applicant, his custodial interrogation is no longer required by the Police, in this case. 4. It is the case of the applicant that the arrest of the applicant, in the present case, is far from truth, with a view to malign his reputation. 5. As per the applicant, he is in the judicial custody since 11.1.2025. 6. The applicant has tried his luck by moving bail application No. 17-D/XXII/2025, before the Court of learned Special Judge-I, Kangra at Dharamshala, District Kangra, H.P., however, the same was dismissed, on 27.2.2025. 7. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail. 8. On these submissions, a prayer has been made to allow the bail application. 9. When put to notice, the police has filed the status report, disclosing therein, that on 11.1.2025, ASI Suneet Kumar, I.O., Police Station, Dharamshala, alongwith other police officials, was on patrolling duty and duty to detect the crime, relating to excise. When, the I.O. was checking the vehicles on the By pass Chowk, Dharamshala, at about 5:55 p.m., he noticed a motorcycle coming from Mackleodganj, on which, two persons were sitting. 9.1 On seeing the Police party, the motorcyclist got perplexed and tried to turn back the motor-cycle, upon which, ASI Suneet Kumar directed his associates to nab the motorcyclist. When, the I.O. was checking the vehicles on the By pass Chowk, Dharamshala, at about 5:55 p.m., he noticed a motorcycle coming from Mackleodganj, on which, two persons were sitting. 9.1 On seeing the Police party, the motorcyclist got perplexed and tried to turn back the motor-cycle, upon which, ASI Suneet Kumar directed his associates to nab the motorcyclist. In the meanwhile, the pillion rider threw away a small packet, on the left side of the road. Both the persons were nabbed. Registration number of the motor cycle was HP38G-3296. 9.2 On inquiry, the motorcyclist disclosed his name as Yogesh Rana, S/o Rohan Singh, whereas, the pillion rider disclosed his name as Ngawang Nyima, S/o Tashi (applicant). Since, both the persons got perplexed, as such, the I.O. developed suspicion in his mind that the small packet, thrown by the applicant, might be containing some illegal/objectionable thing. As such, he has associated one Kuldeep Singh, who was waiting for the bus, at the spot, as independent witness. 9.3 In the presence of said person, the plastic packet thrown by the applicant was opened. On opening, the same was found to be containing white/light brown granule shaped substance. Both the persons disclosed that the said substance is chitta/heroin. When, ASI Suneet Kumar checked the same, it was found to be chitta on the basis of experience. On weighment, the said chitta was found to be weighing 9.09 grams. Other codal formalities were completed. Thereafter, accused persons were arrested. 9.4 The contraband, so recovered, was sent to SFSL, Junga, from where, the positive report has been received. Investigation, in the present case, is stated to be completed and charge sheet is stated to have been filed in the Court of learned Additional Sessions Judge-II, Kangra at Dharamshala and the case is now stated to be listed, on 5.5.2025, for checking of copies. 9.5 As per the status report, another case bearing FIR No. 155 of 2018, dated 3.8.2018, under Sections 22-61-55 of the NDPS Act, has been found to be registered against the applicant, which is stated to be pending adjudication, in the Court of learned Additional Sessions Judge, Kangra at Dharamshala, for 6.5.2025. 9.6 On the basis of above facts, a prayer has been made to dismiss the bail application. 10. 9.6 On the basis of above facts, a prayer has been made to dismiss the bail application. 10. So far as the registration of another case against the applicant with Police Station, Dharamshala is concerned, in the said case, admittedly, the conviction has not been inflicted upon him, by the competent Court of law, as such, presumption of innocence is still available to the applicant. 11. 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 to the facts of the present case. 12. Investigation, in the present case, is complete, as, it is the specific case of the Police that after completion of investigation, charge sheet has been filed, in the competent Court of law. Meaning thereby, the applicant is no longer required for interrogation by the Police. 13. 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 the applicant in judicial custody, that too, for indefinite period. 14. The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial. 15. The applicant is permanent resident of Dharamshala, as such, it cannot be apprehended that in case, the applicant is ordered to be released on bail, he may not be available for trial. 16. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released on bail in case FIR No. 11 of 2025, dated 11.1.2025, registered under Sections 21, 29-61-1985 of the NDPS Act, and Section 212 (A) of BNS , with Police Station, Dharamshala, District Kangra, H.P., on his furnishing personal bond in the sum of Rs. 70,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 18. 70,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 18. This order, 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 the 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 Officer, and d) Applicant shall not leave the territory of India without the prior permission of the Court. 19. 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. 20. 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. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Lala Lajpat Rai District & Open Air Correctional Home, Dharamshala, District Kangra, H.P. through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Lala Lajpat Rai District & Open Air Correctional Home, Dharamshala, District Kangra, H.P. is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of the Lala Lajpat Rai District & Open Air Correctional Home, Dharamshala, District Kangra, H.P. 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.