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Bhoop Singh, & Ors. vs State of H.P.

High Court Of Himachal Pradesh · Decided on 17 July 2017 · Citation: (2017) 07 SHI CK 0017

HON’BLE JUDGES
Sandeep Sharma
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-438>Section 438</a> - Direction for grant of bail to person apprehending arrest · <a href=2358>Narcotic Drugs and Psychotropic Substances Act, 1985</a>, <a href=2358-61>Section 61</a>, <a href=2358-18>Section 18</a>, <a href=2358-85>Section 85</a> - Confiscation of goods used. for concealing illicit drugs or substances - Punishment for contravention in relation to opium poppy and opium
CASE NUMBER
637 of 2017 a of w Cr MP(M)Nos 638, 639, 640 of 2017
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Judgment

7 paragraphs · 473 words
1.

By way of instant petition(s) filed under Section 438 Cr. P.C, prayer has been made on behalf of the bail petitioners for grant of bail in case FIR No. 34 of 2017, dated 7.5.2017 under Section 18-61- 85 of the Narcotic Drugs & Psychotropic Substances Act (for short ''NDPS Act'') registered at Police Station Rajgarh, District Sirmaur, Himachal Pradesh.

2.

Sequel to orders dated 14.06.2017, S.I. Balwant Singh, Police Station, Rajgarh, District Sirmaur, has come present alongwith record of the case. Mr. M.L.Chauhan, learned Additional Advocate General has also placed on record report prepared on the basis of the investigation carried out by the Investigating Agency.

3.

On 17.5.2017, this Court had passed an interim order, whereby it was directed that in the event of arrest, petitioners shall be enlarged on bail, subject to their complying with the conditions imposed therein. The said interim order is in operation till date.

4.

Perusal of the status report as well as record, clearly suggest that investigation in the present case is complete and bail petitioners have joined investigation in terms of order dated 25.5.2017, passed by this Court. Mr. M.L. Chauhan, learned Additional Advocate General, while inviting attention of this court to the status report, fairly submitted that investigation in the case is complete and nothing is required to be recovered from the bail petitioners and as such, they can be ordered to be released on bail subject to the condition that they shall join investigation as and when called for.

5.

Otherwise also, normal rule is of bail and not jail. Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime.

6.

Accordingly, in view of above, interim order(s), dated 17.05.2017 is made absolute, subject to the conditions laid down therein. The petitioners shall be on bail till such time challan is presented in the Court for trial, where after they shall approach the Court for regular bail, in accordance with law. Needless to add, during this period petitioners shall fully comply with all the statutory conditions laid down under the provisions of Section 438 of the Cr.P.C. As a matter of abundant caution, it is clarified that petitioners shall neither tamper with the evidence nor try to influence the witnesses. They shall make themselves available for investigation as and when required by the Investigating Officer. They shall not leave the country without prior permission of the Court.

7.

Any observation made herein above 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 herein above. With the aforesaid observations, present petition stands disposed of. Copy dasti.