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Himachal Pradesh High Court · body

2025 DIGILAW 991 (HP)

Sagar Bhatti v. State of Himachal Pradesh

2025-05-13

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. Applicant Sagar Bhatti 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. 9 of 2025, dated 18.1.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Nagrota Bagwan, District Kangra, H.P. 2. The applicant has pleaded the fact 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. According to the applicant, investigation, in the present case, is complete and nothing is to be recovered from his possession. 4. According to the applicant, the contraband involved 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 application in this case. 5. The applicant has given the details of the criminal cases, which have been registered against him. The same are reproduced as under: i) FIR No. 130 of 2018, under Section 379 B, 34 IPC, registered with Police Station Civil Lines, Amritsar, Punjab. ii) FIR No. 142 of 2018, under Section 379 B, 34 IPC, in which the applicant is stated to have been acquitted. iii) FIR No. 13 of 2018, under Section 21 of the NDPS Act, registered with Police Station E-Division, District Amritsar. 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 I.O. Surinder Kumar submitted a ruqua, disclosing therein, that on 18.1.2025, he alongwith other police officials, left the Police Station, in a private vehicle, for patrolling duty, and the duty to detect the crime, relating to Excise and Narcotic Drugs. 7.1. When put to notice, the police has filed the status report, disclosing therein that I.O. Surinder Kumar submitted a ruqua, disclosing therein, that on 18.1.2025, he alongwith other police officials, left the Police Station, in a private vehicle, for patrolling duty, and the duty to detect the crime, relating to Excise and Narcotic Drugs. When, the I.O. alongwith other police officials, was on patrolling, and the Police party was present near the liquor vend, near Sunehra Pull, then, at a small distance from liquor vend towards Nagrota Bagwan, I.O. noticed two persons standing there, upon which, the I.O. directed the driver of the vehicle to slow down the vehicle. On seeing the Police, both the aforesaid persons tried to hide themselves and flee away. In that process, the person, who had worn a blue coloured jeans, took out something from his pocket and threw it on the side of the road. 7.2 On this, the I.O. developed a suspicion in his mind and he directed to stop the vehicle. Thereafter, the I.O. inquired the names and address of the aforesaid persons, upon which, one person disclosed his name as Sagar Bhatti (applicant) and the other person disclosed his name as Manish. 7.3 In the meanwhile, the I.O. noticed two persons moving on the road. On inquiry, both of them disclosed their names as Vidya Sagar and Suman Kumar, respectively. The I.O. requested them to be the witnesses. The I.O. lifted the packet, thrown by the applicant and his accomplice, which, on checking with the help of drug detection kit, was found to be the chitta/heroin. On weighment, the said contraband was found to be 24.25 grams. Other codal formalities were completed and after registration of the FIR, the aforesaid persons were arrested. 7.4 In the status report, the Police has also confirmed the criminal history, which the applicant has given in the bail application. According to the Police, investigation in the present case, is complete and charge-sheet has been filed in the competent Court of law, which is now pending in the Court of learned Special Judge-II, Dharamshala, District Kangra, H.P. The case is now stated to be listed for9.6.2025. According to the Police, investigation in the present case, is complete and charge-sheet has been filed in the competent Court of law, which is now pending in the Court of learned Special Judge-II, Dharamshala, District Kangra, H.P. The case is now stated to be listed for9.6.2025. 7.5 On the basis of above facts, it has been apprehended that the applicant is very clever person and resident of adjoining state, and in case, he is ordered to be released on bail, he may not be available for trial and may again indulge in same activities. 7.6 On the basis of above facts, a prayer has been made to dismiss the bail application. 8. Heard. 9. So far as the objection raised by the learned Addl. A.G. qua the fact that the applicant is resident of adjoining State, as such, he is not entitled for bail, is concerned, the relief, which has been sought in the application, cannot be denied to the applicant, since, for the apprehensions, which have been expressed by the Police in the status report, reasonable conditions can be imposed upon him. 10. So far as the criminal history of the applicant, which, he himself has mentioned in the bail application, is concerned, admittedly, he has not been convicted in any of the cases. Mere registration of the cases, against the applicant is too short to take away the presumption of innocence, which 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, and the case is fixed for 9.6.2025. Meaning thereby, the applicant is no longer required for interrogation by the Police. 13. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 14. Meaning thereby, the applicant is no longer required for interrogation by the Police. 13. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 14. Consequently, the applicant is ordered to be released on bail in case FIR No. 9 of 2025, dated 18.1.2025, registered under Sections 21 and 29 of the NDPS Act, with Police Station, Nagrota Bagwan, District Kangra, H.P., on his furnishing personal bond in the sum of Rs. 1,00,000/- 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 appear before the I.O., as and when directed by the I.O. to do so 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 Officer, and d) Applicant shall not leave the territory of India without the prior permission of the Court. 16. 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. 17. 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. 18. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Lala Lajpat Rai District Air Correctional Home, Dharamshala, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 19. 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 Air Correctional Home, Dharamshala, H.P. is directed to inform this fact to the Secretary, DLSA, Kangra. 19. 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 Air Correctional Home, Dharamshala, H.P. is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of the Lala Lajpat Rai District Air Correctional Home, Dharamshala, 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.