Arman-Ur-Rehman And Others vs State Of Himachal Pradesh

Virender Singh, J

The above-noted three bail applications are being disposed of by the common order, as, all the three bail applications have been filed, in the same FIR, i.e. FIR No. 294 of 2022, dated 12th December, 2022, registered with Police Station Sadar, Bilaspur, H.P., under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS Act’).

The applicants have filed these bail applications, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), for releasing them on bail, during the pendency of trial, in the above-noted case.

The applicants have pleaded that they are innocent persons and have falsely been implicated, in this case, by the police, as, there is nothing on the record, to connect them with the alleged crime, for which, they have been arrested by the police, in this case. They have termed the case of the prosecution as false and frivolous.

It is their further case that the investigation, in the present case, is complete and no useful purpose would be served by keeping them in the judicial custody.

Apart from this, the learned counsel appearing for the applicants, has given certain undertakings, on behalf of the applicants, for which, the applicants are ready to abide by, in case, released on bail, during the pendency of the trial.

On the basis of the above facts, the applicants have prayed that during the pendency of the trial, they may be released on bail.

When put on notice, the police filed the status report, disclosing therein that on 12th December, 2022, ASI Sanjiv Walia, I/C PP City, Bilaspur, has submitted a rukka, through Constable Raj Kumar, to Police Station Sadar, Bilaspur, District Bilaspr, in which, he has mentioned that, on 12 th December, 2022, he, alongwith other police official, was on patrolling and traffic checking duty and at about 08.15 p.m., the said police party was present at National Highway No. 205, near Police Post. They were randomly checking the vehicles. Meanwhile, they noticed a vehicle No. UP-25DF-0557, being driven by its driver, coming from Mandi side. As the wind screen of the said vehicle was found to be blackened with the screen, as such, the same was stopped. On inquiry, the driver of the said vehicle disclosed his name as Arman Ur Rehman, s/o Shri Ur Rehman. The said driver was found to be perplexed and started looking towards his companion, whose name was, later on, found to be Shehzad Khan, s/o Laik Ahmad. One person, namely Safi Ur Rehman, s/o Abdul Baki, was also found sitting on the rear seat of the vehicle. Two passers-by, namely Mohd. Zorawar and Sunil Kumar were apprised about the factual position and associated as independent witnesses in the investigation. Thereafter, the occupants of the vehicle were requested to come out. In the presence of the three persons and the independent witnesses, the dashboard of the vehicle was checked. On checking the same, a yellow coloured polythene envelope was found. On opening the same, ‘charas’ was found, which, on weighment, was found to be 716 grams. The contraband, so recovered, was taken into possession. The other codal formalities were completed on the spot and the accused persons were arrested for the commission of offence punishable under Sections 20, 25 and 29 of the NDPS Act. The police had also completed the other codal formalities and the contraband, so recovered, was sent to SFL, Junga, for chemical analysis. After receiving the positive report, the police is now investigating the financial aspect of the case.

No other criminal history of the applicants has been found, during the investigation, by the police.

Lastly, it has been pleaded, by the learned Additional Advocate General, that the applicants are residents of Uttar Pradesh and if they are released on bail, they may not be available during the trial.

On all these submissions, a prayer has been made to dismiss the bail applications.

Heard.

It is worthwhile to record herein that in the status report, nothing has been mentioned, as to why, the bail should not be granted to the applicants. In this regard, a direction has already been issued to the Director General of Police, Himachal Pradesh, to mention the ground(s), upon which, the bail applications are being opposed. Reference in this regard can be made to order, dated 19th January, 2023, passed by this Court, in CrMP (M) No. 112 of 2023.

Since, nothing of such sort has been mentioned, in the status report, filed in the instant bail applications, meaning thereby, the police is not having anything to oppose the bail applications of the applicants, at this stage.

Admittedly, the contraband allegedly recovered from the possession of the applicants, in this case, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in this case.

Once, it has been held that rigors of Section 37 of the NDPS Act are not applicable, in this case, then the presumption of innocence is still available to the applicants, as the bail application cannot be rejected as a matter of punishment. Pre-trial punishment is prohibited under the law. The trial of the accused will take sufficient long time and no useful purpose would be served by keeping them in judicial custody.

At the time of deciding the bail application, the Court should refrain from discussing the case of the prosecution in detail, as, the same would cause prejudice to the case of the prosecution or the defence.

So far as the apprehensions, as expressed by the learned Additional Advocate General, are concerned, those are not sufficient to decline the relief to the applicants, for which, they are, otherwise, entitled to. For those apprehensions, reasonable conditions can be imposed.

Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and are accordingly allowed.

The applicants are ordered to be released on bail, in case FIR No. 294 of 2022, dated 12th December, 2022, registered with Police Station Sadar, Bilaspur, H.P., under Sections 20, 25 and 29 of the NDPS Act, on their furnishing personal bail bonds, in the sum of ₹ 50,000/- each, with two sureties each of the like amount, to the satisfaction of learned CJM/JMFC/ Duty Magistrate, Bilaspur. This order, however, shall be subject to the following conditions:

a) They 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) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) They 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) They shall not leave the territory of India without the prior permission of the Court.

Any of the observations, made hereinabove, 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.

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 violated by the applicants.

Applicants may produce a downloaded copy of the order, passed by the Court, before the learned CJM/JMFC/ Duty Magistrate, Bilaspur, and the said Court shall not insist for the certified copy of order, rather, passing of order can be verified from the web-page of this Court.