Balwinder Singh @ Chiri vs State Of H.P

Vivek Singh Thakur, J

Petitioner has preferred this petition, under Section 439 Cr.P.C., seeking regular bail in case FIR No. 132 of 2019, dated 16.10.2019, registered in

Police Station Damtal, District Kangra HP under Section 22 of Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as

‘NDPS Act’)

Status report stands filed, wherein it is stated that on 16.10.2019, a secret information was received by Investigating Officer regarding involvement

of petitioner in selling drugs/ heroin etc. at his residential house, whereupon, following the procedure provided under NDPS Act, house of petitioner

was searched in his presence, wherefrom two wrappers, having different colours of powder therein, were found. The powder in one wrapper was

detected with the help of drug detection kit as heroin and on weighing it was found 0.65 Mg., whereas the powder in another wrapper could not be

identified and both the powders were seized and taken in possession in different parcels and were sent for chemical examination to State FSL Junga.

It is also stated in status report that petitioner was arrested on 16.10.2019. However, for want of identification of powder in second wrapper, which

was 36.32 grams, the petitioner was enlarged on bail, after producing him in Court, under directions of Court under Section 41(1)(a) of Cr.PC. Later

on, powder in second wrapper, according to report received from State FSL, was found to be an intoxicant substance i.e. sample of Tramadol.

As per status report, petitioner had surrendered on 17.2.2020 before learned Sessions Judge, Kangra at Dharamshala and wherefrom he was sent

in judicial custody. On application of Investigating Officer, his custody was handed over to police for three days and thereafter, he is in judicial

custody.

Earlier, at initial stage, an application filed by petitioner for enlarging him on bail was rejected by learned Special Judge on 21.3.2020 and thereafter,

second bail application filed by him was also dismissed by Special Judge-II, Kangra on 8.5.2020 mainly on the ground that on earlier occasions also,

petitioner had been found to be involved in cases under NDPS Act.

In status report, details of two FIRs registered against the petitioner under NDPS Act in Police Station Civil Line Amritsar and Police Station

Dhiyata Amritsar have also been furnished and on this ground, rejection of bail has been prayed.

Learned counsel for the petitioner submits that quantity alleged to have been recovered from petitioner is intermediate quantity which is nearer to

small quantity and further that in case FIR registered in Police Station Civil Line Amritsar, petitioner has been acquitted vide judgment dated 3.10.2017

passed by Special Court, Amritsar in NDPS Case No. 76 of 2015. Photocopy of judgment has also been placed on record.

It is further submitted on behalf of petitioner that in second case also, considering the facts and circumstances and nature of allegations levelled

against petitioner, he has been enlarged on bail. It is also submitted that registration of previous cases against the petitioner cannot be a ground to deny

the bail to petitioner in present case where the alleged recovery of contraband is slightly higher than small quantity. He further submits that since last

about more than nine months, petitioner is behind the bars.

Without commenting upon the contentions and response thereto of parties and considering the entire facts and circumstances of case, I am of the

opinion that, at this stage, petitioner is entitled to be enlarged on bail. Accordingly, he is ordered to be enlarged on bail on furnishing personal bond in

the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned Special Judge/trial Court, Kangra at Dharamshala within three

weeks from today and also subject to further conditions enumerated hereinafter, in addition to other or further conditions imposed by trial Court as

deemed fit by that Court:-

(i). That the petitioner shall make himself available during investigation as well as the trial 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 her from disclosing such facts to Court or to any police officer or tamper with the evidence. She shall not, in any manner, try to overawe

or influence or intimidate the prosecution witnesses;

(ii). That he shall not obstruct the smooth progress of the investigation as well as trial;

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

advance, to concerned Police Station.

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

suspected.

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

(vii). On repetition of commission of offence by petitioner, his bail shall be liable to be cancelled and in that eventuality, prosecution has right to

approach the competent Court for cancellation of bail.

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 and thereupon it will also be 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 them, 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 18.3.2013.

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.