Dalveero vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court, invoking provisions of Section 439 of Code of Criminal Procedure (in short 'Cr.PC'), seeking regular bail in case FIR No. 65 of 2021 dated 1.6.2021, registered under Sections 21-61-85 of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') in Police Station Damtal, District Kangra H.P.

2 Status report stands filed stating therein that on 1.6.2021 during patrolling, police party had received reliable information that petitioner was doing the business of selling heroin/chita at her residential house and on immediate raid sufficient heroin/chita would be recovered. The information was reliable and in case of delay in raiding, there was possibility of disappearance of evidence. Therefore, information was reduced into writing in consonance with provisions of Section 42(2) of NDPS Act and was sent to SDPO Nurpur at 4.25 PM. Thereafter, ASI along with police officials with efforts to associate the witnesses moved towards the residential house of petitioner. Near Annpurna Dhaba, Rai Singh Pradhan Gram Panchayat Chhani and Ashwani Kumar Up-Pradhan Gram Panchayat Channi were associated in the raiding party. At the time of raid, petitioner was present in her house. After disclosing identity of police party to her and reasons for raid, with her consent, houses of petitioner and Roshani were raided. During raid, a polythene tied with knot was found. On opening of knot, a whitish brown powder was found therein. With help of Drug Detection Kit, it was identified as heroin/chita. On weighing with digital weighing machine, its weight was found 11.64 grams. Thereafter, following the procedure prescribed under law, recovered contraband was taken in possession and seized and request was sent to Police Station for deputing competent Investigating officer on spot for further investigation after registration of FIR. It is also stated in status report that challan/report under Section 173 Cr.P.C. in present case stands filed on 30.7.2021 in the Court of learned Sessions Judge/Special Judge, Dharamshala.

3 It is further stated in report that during further investigation, undertaken by another Assistant Sub Inspector, petitioner was arrested. It is stated that State FSL Junga has confirmed the recovered contraband as Diacetyl morphone (heroin). Lastly it is stated in report that earlier also petitioner was found involved in commission of offence under HP Excise Act in case FIR No. 104 of 2001 and FIR Nos. 174 of 2003 and 152 of 2017 registered in Police Station Indora.

Learned counsel for petitioner has submitted that in case FIR Nos. 104 of 2001 and 174 of 2003, petitioner has been acquitted by the trial Court vide judgments dated 23.7.2007 and 26.2.2009 and further stated that in present case petitioner has been arrested on 1.6.2021 and since last more than 5 months, she is behind the bars, but for alleged possession of 11.64 grams heroin. He further submits that quantity alleged to have been recovered from the house of petitioner is nearer to the small quantity for which it cannot be concluded that she was involved in business of selling chita/heroin from her residential house.

5 Learned counsel for the petitioner further submits that petitioner had approached this Court earlier also by filing Cr.MP(M) No. 1148 of 2021 which was dismissed as withdrawn on 8th July, 2021.

6 Learned Additional Advocate General has opposed the grant of bail on the ground that offence committed by petitioner is not only against the individual but also the society at large and therefore, she does not deserve to be enlarged on bail.

7 Taking into consideration, the entire facts and circumstances, but, without commenting on merits thereon and taking into 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 opinion that petitioner may be enlarged on bail in present case at this stage but subject to furnishing personal bond in the sum of Rs.50,000/-with one surety in the like amount to the satisfaction of trial Court within a period of two weeks from today and also subject to any further condition to be imposed by trial Court for assuring her presence during trial including the following further conditions:-

(i) That the petitioner shall make herself available during the investigation as well as trial on each and every date as and when required;

(iii) 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;

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

(v) 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;

(vi) 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;

(vii) 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;

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

(ix) That petitioner shall not misuse her liberty in any manner.

8 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.

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

10 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.

11 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.

12 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.