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2025 DIGILAW 921 (HP)

Sudarshan v. State of H. P.

2025-05-05

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. Applicant Sudarshan has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 2 of 2025, dated 2.1.2025, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Bhunter, District Kullu, H.P. 2. The applicant has pleaded that he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police. 3. It is the further case of the applicant that he has been arrested in the above noted case by the Police, for allegedly possessing 13 grams heroin/chitta. Investigation is stated to be completed, in the present case. 4. The applicant has asserted that he is permanent resident of the address, as mentioned in the application. 5. The applicant has tried his luck by moving bail application No. 26 of 2025, before the Court of learned Special Judge-I, District Kullu H.P., however, the same was dismissed, on 15.3.2025. 6. 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. 7. On these submissions, a prayer has been made to allow the bail application. 7.1. When put to notice, the police has filed the status report, disclosing therein, that on 2.1.2025, HC Tarun Kumar No. 22, alongwith other police officials, was on patrolling duty and duty to detect the crime and picketing, in their private vehicle. At about 5:32 p.m., they left the Police Station and when, they were on patrolling, then, at about 7:30 p.m., the Police party was present at the place known as ‘4 Line Bridge’, and it noticed a person coming from Jhiri side and moving towards Gadsa. On seeing the police party, he turned back and while doing so, he took out a carry bag out of jeans worn by him, containing a small packet and threw the same. The said fact was noticed by the Police in the head light of the vehicle, upon which, the I.O. with the help of police officials, nabbed him. On seeing the police party, he turned back and while doing so, he took out a carry bag out of jeans worn by him, containing a small packet and threw the same. The said fact was noticed by the Police in the head light of the vehicle, upon which, the I.O. with the help of police officials, nabbed him. 7.2 Thereafter, the I.O. inquired from the said person about the small packet, upon which, he could not give any satisfactory reply. As such, the I.O developed suspicion that the said carry bag might be having some illegal thing. Thereafter, he deputed HC Vijay Kumar No.489 to look for the independent witnesses from Bajaura side. Consequently, HC Vijay Kumar met two persons. The aforesaid persons, namely, Mohd. Ali and Ashraf Ali were requested to be the witnesses. In the presence of the aforesaid persons, name of the suspected person was inquired. On inquiry, he disclosed his name as Sudarshan (applicant). 7.3 It has been mentioned in the status report that thereafter, the carry bag thrown by the applicant was opened. On opening the same, it was found containing a white coloured substance, in a small packet. With the help of drug detection kit, the same was checked and it was found to be heroin/chitta. On weighment of the same, it was found to be 13 grams. 7.4 After registration of the FIR, accused (applicant) was arrested. Positive report has been received from the SFSL, Junga. After completion of the investigation, charge sheet has been filed in the competent court of law, which is pending in the Court of learned Special Judge, Kullu. 7.5 It has further been mentioned in the status report that apart from the said case, another case bearing No. 64 of 2022, dated 3.4.2022, under Section 27 of the NDPS Act, has been found to have been registered against the applicant. 7.6 On the basis of above facts, a prayer has been made to dismiss the bail application. 9. 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. 10. 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. As such, rigors of Section 37 of the NDPS Act are not applicable to the facts of the present case. 10. 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. 11. So far as registration of the another case against the applicant, under Section 27 of the NDPS Act, is concerned, the registration of the said FIR is too short to take away the presumption of the innocence, as admittedly in the said case, the applicant has not been convicted by the competent Court of law. 12. The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted, after full fledged trial. 13. Chances of 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. 14. Applicant is permanent resident of District Kullu, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for trial. 15. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 16. Consequently, the applicant is ordered to be released on bail in case FIR No. 2 of 2025, dated 2.1.2025, registered under Section 21 of the NDPS Act, with Police Station, Bhuntar, District Kullu, 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. 15. Consequently, the applicant is ordered to be released on bail in case FIR No. 2 of 2025, dated 2.1.2025, registered under Section 21 of the NDPS Act, with Police Station, Bhuntar, District Kullu, 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. 15. 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. 17. 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. 18. 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. 19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Kullu, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District Jail, Kullu, H.P. is directed to inform this fact to the Secretary, DLSA, Kullu. The Superintendent of the District Jail, Kullu, 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.