Aryan Thakur vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner is in custody for his alleged possession of 10.38 grams of heroin in FIR No.43/2023, dated 16.02.2023, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) at Police Station West, District Shimla, H.P. By means of the present petition, he is seeking regular bail under Section 439 of the Code of Criminal Procedure.

The prosecution case in nutshell is that on 16.02.2023, the police officials were on routine traffic checking duty. An HRTC Bus, bearing Registration No.HP- 64B-7896, coming from Solan side, was stopped by the police personnel near Shoghi. The bail petitioner was occupying Seat No.50. On asking, he could not satisfactorily answer the queries of the police officials and rather appeared perplexed. The police officials thought it fit to carry out his search. The search was carried out in accordance with law. During search, the Conductor and the Driver of the bus were also associated. The search resulted in recovery of 10.38 grams of heroin kept concealed by the petitioner in a plastic covered woollen glove. The recovery led to registration of the FIR and arrest of the petitioner on 16.02.2023.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the FIR. He is innocent and has not committed the offence alleged against him. It was further submitted that the petitioner is a student of 10+2 class and has to appear in the examination of one of the subject, i.e. Data Entry Operations, scheduled for 29.03.2023. It was further submitted that the petitioner has no criminal history and he would abide by all the conditions, which may be imposed upon him in case of his enlargement on bail.

Learned Additional Advocate General opposed the prayer for grant of bail, however, he submitted that in case the Court is inclined to grant bail to the petitioner, then the same be made subject to stringent conditions.

I have considered the status report and the record produced by the respondent. I have also heard learned counsel for the parties.

The petitioner is accused of possessing 10.38 grams of heroin, which falls in the ‘Intermediate Category’ notified under the NDPS Act. The petitioner was arrested on 16. 02.2023 and has completed more than a month in confinement. Trial of the case will take sufficient time to conclude. The guilt, if any, of the petitioner can be proved only during trial. No recovery is to be effected from him. No criminal history of the petitioner has been pointed out in the status report. Petitioner, aged 19 years, is stated to be a local resident, therefore, his presence can be secured in the trial. There is no apprehension of his fleeing from justice. Accordingly, the present petition is allowed. The petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.25,000/- with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i). Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law.

(ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii). Petitioner will not leave India without prior permission of the Court.

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v). In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

(vii). It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR under NDPS Act, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.