Dindayal vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The bail petitioner is a co-accused in FIR No.66/2020, dated 17.03.2020, registered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') at Police Station Aut, District Mandi, and as such has preferred the instant petition under Section 439 of the Code of Criminal Procedure for grant of regular bail.

Heard learned counsel for the parties and gone through the status report.

421 grams of Charas and 502 grams of opium, both less than commercial and more than small quantity, notified under the NDPS Act (commonly known as intermediate quantity), were recovered from one Egraj Chetry. This recovery was effected from a bag kept by him on his lap while travelling in a bus, which was searched by the Police in accordance with law during routine patrolling duty on 19.03.2020 near Armi and Jhalogi, District Kullu. Whereafter the instant FIR was registered against the said Egraj Chetry. He was arrested on 19.03.2020.

4(i). During investigation, the main accused, Sh. Egraj Chetry statedly disclosed that the contraband allegedly recovered from him was purchased by him from the bail petitioner.

4(ii). The bail petitioner was arrested on 21.06.2020. The main accused has been released on bail vide order dated 23rd April, 2020 passed in Cr.MP(M) No.554 of 2020.

4(iii). During investigation, bail petitioner allegedly disclosed that he and the main accused used to work together in CMC Joint Venture Shillagarh; on the insistence of the main accused, petitioner had delivered the contraband to him, some of which was prepared in his (petitioner's) fields and some in the forest.

4(iv). No further recovery of any contraband at the instance of the bail petitioner has been effected either from his home or from the forest.

4(v). No previous criminal history of the petitioner has been indicated in the status report. Rather a perusal of the status report suggests that the bail petitioner has admitted and realized his mistake. He, of his own, surrendered himself before the police on 21.06.2020 in the company of his Uncle Uttam Singh and has assured to mend his ways in future. The challan in the instant case stands already presented on 30.06.2020 before the competent Court.

Learned counsel for the petitioner submitted that:- petitioner is in custody w.e.f. 21.06.2020; investigation in the case is complete; petitioner will neither hamper the trial nor he will temper the prosecution evidence; he will not influence the prosecution witnesses in any manner and will abide by all the conditions imposed upon him by this Court in case of grant of bail.

The challan in the instant case stands already presented before the competent Court. As per the status report, the bail petitioner after realizing his mistake, of his own accord, had surrendered before the police in the company of his Uncle. The bail petitioner has assured to mend his ways in future. This can be further ensured by imposing stringent condition that in case in future, he is found to be involved in any FIR under the NDPS Act, then the instant bail is liable to be cancelled and this shall be considered as a negative factor for his future bail application, if any. The quantity of the contraband allegedly recovered from the bail petitioner is less than commercial quantity notified under the Act. Therefore, rigors of Section 37 of the NDPS Act will not be attracted. He is 33 years of age and is permanent resident of Village Kadishu Dhar, Post Office Thaella, Tehsil Bhuntar, District Kullu. Therefore, his presence can be secured in the trial. Bail petitioner is in custody w.e.f. 21.06.2020 and nothing is to be recovered from him. Main accused has already been released on bail. Trial of the case will take sufficient time. Petitioner cannot be kept behind bars for an indefinite period. Accordingly, the present petition is allowed. The bail petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the Police Station concerned, subject to the following conditions:-

(i). The petitioner is directed to join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

(vii). It is made clear that in case the petitioner is arraigned as an accused in future, in any FIR under NDPS Act, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. This shall also be considered as a negative factor in his future bail application, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.

The parties and the competent Court/Authority, attesting the personal/surety bonds, shall not insist upon for obtaining/requiring certified copy of this order and shall download the same from the website of the High Court. However, the Registry is directed to send copy of this order to learned counsel for the parties through e-mail subject to furnishing e-mail addresses by them, if so required. Authenticated copy be also supplied by the Secretary, in case so requested by the learned counsel for the parties.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.