Dinesh, through his mother Smt. Promila vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 7 of 2012 dated 13.1.2012 registered at Police Station, Sadar, Solan, District Solan, u/s 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ''Act''). It has been stated that father of the petitioner is owner of Maruti Car No. HP-16-4117. On 12.1.2012 the petitioner had gone as a guest to the house of his maternal uncle Ramesh. On 12.1.2012 at about 9.00 p.m. the petitioner received a telephonic call from Deep Ram, a co-villager that his vehicle was not in working condition and that one Anil was ill and he was to be taken for medical treatment urgently to District Hospital, Solan. The petitioner believed Deep Ram and out of human consideration, the petitioner came back from the house of his maternal uncle to village Bagar. He met Anil and Arun there, who sat in the back seat of the car. On way from Bagar to Solan, the petitioner had given a ring to his cousin Virender at Dohri-Dewal at Solan that he should wait for him and petitioner would stay with him during night.

The vehicle reached Kotla Nala. The petitioner asked Arun and Anil to go to hospital. In the meanwhile, Arun got a telephonic call from somewhere that he should come towards Solan bye-pass road in connection with collection of some urgent papers. The petitioner had to go to the quarter of his cousin Virender, therefore, he took both Anil and Arun towards that side. There was police Naka at Dohri-Dewal at Saproon and the vehicle was checked. The papers of the vehicle were taken from the petitioner. Arun and Anil were also searched and from their bag some material was recovered which was claimed to be Charas. On this, petitioner, Arun and Anil were arrested.

The petitioner is innocent, he has committed no offence. He relied Deep Ram and at his instance, agreed to carry Anil for medical treatment to hospital at odd hours during night. The petitioner has been arrested on suspicion. There is no legal evidence on record to connect the petitioner with the Charas allegedly recovered from the bag. The petitioner is in custody since 12.1.2012. The petitioner is 21 years old. He wants to continue his studies. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that on 13.1.2012 the police party was at Naka at Dohri-Dewal, Saproon. At about 2.00 a.m. maruti car bearing No. HP-16-4117 came from Solan side. It was checked, two persons were sitting on front seats and one was on the rear seat and the bag was lying on rear seat. On search from the bag in all 6.850 Kg. charas was recovered. The sampling and sealing was done on the spot. The occupants of the car were arrested. The car was found to be owned by Balak Ram, father of the petitioner. As per FSL report, resin contents in the sample were 27.06% w/w. Arun Sharma during investigation disclosed that they had purchased this charas from a Nepali from Pulbahal, who could not be traced. The investigation in the case is in progress. The submission has been made for rejection of the bail application.

Heard and perused the record. It has been submitted by the learned counsel for the petitioner that petitioner is innocent, he relied Deep Ram for taking Anil to hospital. It has not been explained by the petitioner how Arun was also in the car at the relevant time nor it has been projected that Arun is a neighbour or relation of Anil. It has been stated in the application that petitioner at Kotla Nala asked Arun and Anil to go to hospital but then how Arun and Anil remained in the car when the car was checked at Dohri-Dewal at Saproon. In any case huge quantity of charas weighing 6.850 Kg. was recovered from the car. The Chemical Examiner has reported that resin content in the contraband is 27.06% w/w. It has also been stated in the status report that Arun has disclosed during interrogation that they had brought the charas from one Nepali, who could not be traced. The investigation in the case is still in progress. No case for grant of bail has been made out by the petitioner. Resultantly, the petition fails and is accordingly dismissed. The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.