Ayush Ranta vs State Of Himachal Pradesh

Satyen Vaidya. J

Petitioner is an accused in case registered vide FIR No. 187 of 2021, dated 23.08.2021, at Police Station West, District Shimla, H.P. under Section

21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Actâ€​). Petitioner is in custody since 23.08.2021.

Petitioner has approached this Court for grant of bail under Section 439 Cr.P.C., in the above noted case, on the grounds that he is only 19 years old

and is a student of 12th standard. Petitioner shall appear in his exams to be conducted in March, 2022. The petitioner, if released on bail, shall abide by

all the terms and conditions as may be imposed against him. He has undertaken not to tamper with prosecution evidence.

In response, the respondent has filed status report. It has been stated on behalf of the respondent that on 23.8.2021 on routine checking, the bus

No.HP-64-6867 enroute from Chandigarh to Shimla was checking by the police. Petitioner was found sitting on seat No. 30 and had black jacket in his

lap. On suspicion, a search was conducted and 9.05 grams. ‘heroin’ (Chitta) was recovered from the pocket of jacket held by petitioner. It has

been stated that the petitioner is an addict and has remained in rehabilitation centre more than once. Petitioner is also stated to be an accused in cases

registered vide FIR No. 97/2020 dated 20.4.2020 under Sections 454 and 380 IPC and FIR No. 189/2020 dated 8.8.2020 under Sections 454 and 380

IPC.

I have heard learned counsel for the petitioner and learned Additional Advocate General for the State and have also gone through the status report

and police file.

As per the allegation against the petitioner, he was found in possession of 9.05 grams. of ‘heroin’ (Chitta) while travelling in bus No. HP-64-

6867 enroute from Chandigarh to Shimla. The quantity of contraband recovered from petitioner is intermediate and hence the rigors of Section 37 of

the NDPS Act will not apply. The challan, if any, in the case may take considerable period before conclusion.

The petitioner is a student and is stated to be a drug addict. The petitioner is not stated to be involved in any other offence under the NDPS Act on

previous occasion. The case registered against him are of theft in dwelling house. The reason for alleged thefts by the petitioner can possibly be

attributed to his addiction. The petitioner is of young age and the hope for his recovery and survival should not be lost. No useful purpose shall be

served by keeping the petitioner in custody for indefinite period, especially when, investigation qua him is already complete.

The petition has been filed by the mother of petitioner which is evident of the fact that the parents of the petitioner are concerned about him and on

his release they shall take all possible care so as to prevent the petitioner from indulging in similar activities in future. The respondent has shown the

apprehension that in case of release of petitioner on bail, he may try to influence or threaten the prosecution witnesses. The averments in this regard

are vague. In any case, the above noted apprehension of respondent can duly be taken care of by imposing appropriate conditions against the

petitioner.

Petitioner is permanent resident of Village Tahu, P.O. Tharola, Tehsil Kotkhai, District Shimla, H.P. The pre-trial incarceration cannot be allowed

as a matter of rule. No fruitful purpose shall be served by keeping the petitioner in judicial custody. The trial against him is likely to take considerable

time before conclusion.

In the peculiar facts and circumstances of the case, the application is allowed and the petitioner is ordered to be released on bail in case registered

vide FIR No. 187 of 2021, dated 23.08.2021, at Police Station West, District Shimla, H.P. under Section 21 of the NDPS Act, on his furnishing

personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Shimla or any other

Judicial Magistrate First Class, Shimla. This order is, however, subject to following conditions and it is clarified that in case of breach of any of the

conditions, the respondent shall be at liberty to approach this Court for cancellation of the bail granted to the petitioner: -

i) That the petitioner shall continue to join the investigation in case so required.

ii) That the petitioner shall not indulge in any criminal activity and in the event of breach of this condition, being made by petitioner, the bail granted to

the petitioner in this case, shall automatically be cancelled.

iii) That the petitioner shall not leave the territory of India without express leave of this Court till the completion of investigation and thereafter of the

Trial Court during the Trial, if any.

iv). That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and

shall not tamper with the prosecution evidence.

v) That the petitioner shall regularly attend the trial of the case before learned Trial Court and shall not cause any delay in its conclusion.

Any observation made in this order shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the

matter uninfluenced by any observation made hereinabove.