Akshay Kumar vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Present petition has been filed under Section 439 Cr.P.C by the petitioner for enlarging him on regular bail in case FIR No.232/2019, registered in

Police Station Nurpur, District Kangra, under Sections 21,29, 61-85 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as

“NDPS Actâ€). The petitioner along with co-accused Surjit Kumar was arrested on 17.10.2019 for having been found in possession of 6.6 grams

of heroin, whereas, 65 capsules of SPM-PRX WOCKHARDT weighing 32.305 grams, were recovered from co-accused Surjit Kumar. Co-accused,

Surjit Kumar has been enlarged on bail on 23rd November, 2019 by learned Special Judge-II, Kangra at Dharamshala, whereas, two bail petitions filed

on behalf of the petitioner before learned Special Judge-II, Kangra at Dharamshala were dismissed as withdrawn on 19.12.2019 & 21.01.2020,

respectively. Thereafter, present petition has been preferred in this Court.

Learned counsel for the petitioner submits that though challan has been presented in the Court, however, there is no progress in the trial because of

the prevailing conditions on account of pandemic COVID-19,

Status report stands filed. As per status report, on 17.10.2019, at about 3.15 P.M. two persons, i.e. present petitioner and co-accused Surjit Kumar

were found travelling in a Car bearing No.HP68A-2778. The police party, on patrolling duty, had intercepted the said car and on the random checking

of the car, a polythene packet having 6.6 grams of heroin therein was recovered from the seat occupied by the present petitioner and 65 capsules of

SPM-PRX WOCKHARDT weighing 32.305 grams were recovered from the driver seat; and the car was driven by co-accused Surjit Kumar.

After completion of investigation, challan was presented in the Court on 16.12.2019. Learned Deputy Advocate General, under instructions of the

Investigating Officer, has also submitted that petitioner and co-accused are in inhabit of consuming drugs.

According to status report, petitioner has been found involved in another case under NDPS Act in case FIR Nos.13/2013, registered in Police

Station Bharari, District Bilaspur; 58/2014, registered in Police Station, Dehra, District Kangra; and 62/2015, registered in Police Station Nalagarh,

District Solan.

Learned Counsel for the petitioner has placed on record judgment passed by the trial court in case FIR No.62/2015, whereby, the petitioner has

been acquitted. Other two cases are of the year 2013 and 2014 and till now, no other case has been found registered against him.

The quantity of the contraband recovered from the petitioner is slightly higher than the small quantity. According to the Investigating Officer,

quantity recovered is 6.6 grams, whereas, according to State FSL Report, the recovered contraband is 5.9 grams. Quantity of heroin up to 5 grams is

smaller quantity. Petitioner is behind the bars for the last more than nine months.

Considering the entire facts and circumstances, a case for enlarging the petitioner on bail has been made out at this stage and in my opinion it is a fit

case where no fruitful purpose is going to be served by keeping the petitioner behind the bars during pendency of trial and accordingly, he is ordered to

be enlarged on bail in present case, subject to his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the

satisfaction of the trial Court within three weeks from today, subject to the following conditions:-

(i) That the petitioner shall make himself available before the trial Court on each and every date as and when required;

(ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him from disclosing such facts to court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or

influence or intimidate the prosecution witnesses;

(iii) That he shall not obstruct the smooth progress of the trial;

(iv) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land lone number and/or mobile number, if any, in

advance, to P.S.Nurpur, District Kangra.

(v) That petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is

suspected.

(vi) That petitioner shall not misuse his liberty in any manner.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and

circumstances of the case and in the interest of justice. It will also open to the trial court to impose any other or further condition on the petitioner as it

may deem necessary in the interest of justice.

In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may

approach the competent Court of law for cancellation of bail in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court vide communication No.HHC./VIG/Misc.Instructions/93-

IV.7139 dated 18.03.2013. Petition stands disposed of.

Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the

disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.

Dasti copy on usual terms.

Registry to transmit a copy of this Court to the trial Court through e-mail.