Chaman Lal vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court, invoking the provisions under Section 439 of Code of Criminal Procedure (hereinafter in short Cr.PC) for grant of regular bail in case FIR No. 360 of 2020 dated 22.12.2020, registered in Police Station Nurpur, District Kangra HP, under Section 20 of Narcotic Drugs and Psychotropic Substance Act (in short 'NDPS Act')

2 Status report stands filed, wherein it is stated that on 22.12.2020, police party, during patrolling and traffic checking, had stopped a motorcycle being driven by one Vinod Kumar at Sutrahad Chowk near Panchayat Ghar Bhaleta at about 11.30 AM for traffic checking. According to status report, at that time another motorcycle being driven by petitioner was also stopped by police party for traffic checking and when said person had taken out the documents of vehicle from dickey of motorcycle, a red coloured bag had fallen on road which was picked up by Assistant Sub Inspector. The Assistant Sub Inspector noticed some sticks of black coloured solid material in the said carry bag whereupon another motorcyclist Vinod Kumar was associated as independent witness and carry bag was checked and solid material found therein, on the basis of experience and smelling, was found to be charas and petitioner could not give any satisfactory answer for recovery of said charas from carry bag, which, on weighing was found 146 grams. Thereafter, by complying the prescribed procedure, contraband was taken in possession and seized. A ruka was sent for registration of FIR to Police Station. On registration of FIR after preliminary interrogation, the petitioner was arrested on spot.

3 As per status report, on chemical analysis of recovered contraband, it has been verified as 140 grams charas. It is also stated in the status report that challan was presented in court of learned Special Judge/Sessions Judge Dharamshala District Kangra on 19.2.2021 which is pending adjudication in the Court of learned Additional Sessions Judge-I, Dharamshala. It has further been stated that after his arrest, petitioner remained in police custody and thereafter, since 24.12.2020 he is in judicial custody.

4 It is also stated in the status report that earlier also the petitioner has been found involved in a large number of cases since 2004 till 2019.

5 It is submitted by learned Deputy Advocate General that petitioner has committed a heinous crime which is not only against the individual but the society at large and he is repeatedly involved in commission of offence and therefore, he is not entitled for bail.

6 Learned counsel for petitioner submits that as per prosecution case, 140 grams charas has been recovered from petitioner which is nearer to small quantity of 100 grams, whereas, commercial quantity of charas is 250 grams and therefore, she has submitted that though recovered quantity falls in classification of intermediate quantity, however, being nearer to small quantity, petitioner deserves to be treated accordingly. She has further stated that rigors of Section 37 of NDPS Act are not applicable in present case.

7 It is also submitted on behalf of petitioner that petitioner had approached the Special Judge-II Kangra at Dharamshala seeking regular bail in the month of February, 2021 but his bail application, at that time, was rejected vide order dated 3.3.2021 passed by learned Special Judge-II Kangra at Dharamshala. It is further submitted on behalf of petitioner that at that time, detention period of petitioner was lesser than three months and keeping in view the previous case history, learned Special Judge - II Kangra at Dharamshala had refused to exercise the discretion of bail in favour of bail petitioner. It is further submitted that now petitioner has spent about 10 months in judicial custody as an under-trial prisoner and therefore, considering the quantum of alleged recovery of contraband from the petitioner and period of detention, petitioner deserves to be enlarged on bail.

8 It is further submitted on behalf of petitioner that petitioner is local resident of Himachal Pradesh and in case he is enlarged on bail, he undertakes to abide by all conditions imposed by Court, including furnishing of personal and surety bonds tendering undertaking by and on his behalf.

9 Considering the entire facts and circumstances of case, principles, factors and parameters, as propounded by the Supreme Court and this Court, required to be considered at the time of adjudication of bail application, I am of the considered view that at this stage, petitioner may be enlarged on bail. Accordingly, petitioner is ordered to be released on bail subject to his furnishing personal bond in the sum of Rs. 1 lac with one surety in the like amount to the satisfaction of concerned trial Court within two weeks from today and subject to the following other conditions:-

(i) That the petitioner shall make himself available during the investigation as well as 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 him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) That the petitioner shall not obstruct the smooth progress of the investigation as well as trial;

(iv) That the petitioner 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 he is suspected;

(vi) In the event of repetition of commission of offence, bail granted in present case shall be liable to be cancelled on taking appropriate steps by prosecution/police;

(vii) That the petitioner shall not leave India without prior permission of Court;

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

10 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. It will also be open to the trial Court/Magistrate to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

11 In case the petitioner violates any condition imposed upon him, 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.

12 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.

13 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.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, they may verify the order from the High Court website or otherwise.

Petition stands disposed of.

Dasti copy on usual terms.