Gaurav Kumar vs State Of H.P

Vivek Singh Thakur, J

Petitioner, invoking Section 439 of the Code of Criminal Procedure, has approached this Court for grant of bail in case FIR No. 233 of 2022, dated 17.9.2022, registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS Act’), in Police Station West (Boileauganj), District Shimla, Himachal Pradesh.

Status Report stands filed. Record was also made available.

As per prosecution case, police party, during patrolling and traffic checking, in Bus No. HP-63C-2923, enroute Delhi to Shimla, apprehended the petitioner as on seeing the police he was appearing perplexed and on inquiry, he could not give satisfactory answer, therefore, joining bus driver and conductor as independent witnesses in search and seizure process, following the procedure prescribed under law, personal search of petitioner was conducted whereupon a plastic pouch having light brown coloured substance therein was recovered from his pocket, which, on the basis of experience, was identified as heroin/chitta. On weighing, recovered contraband was found 5.60 grams. Thereafter, contraband was taken in possession and seized. After sending Ruka to Police Station, FIR was registered and investigation was completed. During investigation, on finding ground for arrest of petitioner, he was arrested at 2 PM on 17.9.2022 on the spot.

It has been contended on behalf of petitioner as also stated to have been disclosed by petitioner during interrogation that he is doing job of Waiter in Amar Hotel, Ram Bazar, Shimla and also use to serve in Municipal Corporation, Shimla but has become drug addict of heroin/chitta and therefore, he is neither dealer nor supplier or peddler but an unfortunate person and further that recovered heroin/chitta is slightly above the prescribed small quantity of contraband and the petitioner is having no previous history of his involvement in any criminal case much less in a case under ND&PS Act and he requires rehabilitation for which his family is planning, therefore, he deserves to be enlarged on bail, who is behind the bars since last more than two months.

Learned Deputy Advocate General has contended that contraband recovered from petitioner is not only destroying the life of youth and even small children, but also causing harm to National interest at large and therefore, it has been pleaded that petitioner is not entitled for bail.

It has been further submitted that challan in present case has been presented in Court on 27.10.2022. Investigation is complete and nothing is to be recovered from petitioner. Learned counsel for petitioner submits that in case petitioner is enlarged on bail, he is ready to abide by terms and conditions to be imposed upon him and is also ready furnish bail bonds to the satisfaction of trial Court.

Without commenting on merits of rival contentions of parties, and considering the facts and circumstances narrated in prosecution story, including quantity of contraband alleged to be recovered from petitioner and period of detention as well as other material placed before me and also taking note of the factors and parameters, required to be considered at the time of adjudication of bail application, as propounded in various pronouncements of the Courts including the Supreme Court, I am of opinion that at this stage, petitioner may be enlarged on bail.

Accordingly, petitioner is ordered to be enlarged on bail, at this stage, 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 conditions to be imposed by trial Court for assuring his presence during trial including the following further 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;

(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 him/her 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;

(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 he 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 his liberty in any manner.

13 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.

14 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.

15 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.

16 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.