Gurdeep Singh vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 189

of 2021, dated 09.08.2021, registered at Police Station Haroli, District Una, H.P. under Sections 20, 61-85 of the Narcotic Drugs and Psychotropic

Substances Act 1985 (hereinafter to be referred as the ‘NDPS Act’ for short).

Mr. N.K. Thakur, learned Senior Counsel appearing for the petitioner has argued that the petitioner is innocent and he has been falsely implicated in

the case. He has further submitted that the petitioner is 28 years old boy, who is the only person to look after his aged parents, and further, even if the

version of the prosecution is to be believed, then also the alleged recovery from the petitioner is of 7.85 grams of heroin, which is an intermediate

quantity. He has further submitted that in case the petitioner is ordered to be released on bail, he shall abide by all such terms and conditions as may

be imposed upon him.

Opposing the bail petition, Mr. Sumesh Raj, learned Additional Advocate General has submitted that the petitioner is a habitual offender as earlier

also he was booked for commission of offence under the provisions of ND& PS Act, and in these circumstances, it will not be in the interest of justice

in case this application is allowed and the petitioner is ordered to be released on bail and taking into consideration the gravity of the offence alleged

against the petitioner, the petition deserves dismissal.

I have heard learned Counsel for the petitioner as well as learned Deputy Advocate General and also gone through the contents of the application

as well as the status reports

It is not in dispute that the allegation against the petitioner that he was apprehended with Heroin weighing 7.85 grams, which indeed is an

intermediate quantity. The FIR is dated 09.08.2021. The Court stands informed that the investigation in the case is complete and challan has also been

filed before the appropriate Court of law. As far as lodging of earlier FIR against the petitioner under the provisions of the ND&PS Act is concerned,

learned Senior Counsel appearing for the petitioner has submitted that the trial arising out of said FIR has resulted in acquittal of the present petitioner

and that too in the year 2011. In these circumstances, this Court is of the considered view that taking into consideration the totality of the facts

involved in this case, no purpose is going to be served by retaining the petitioner in custody, and accordingly, this petition is allowed and the petitioner is

ordered to be released on bail in FIR No. 189 of 2021, dated 09.08.2021, registered at Police Station Haroli, District Una, H.P. under Sections 20, 61-

85 of the Narcotic Drugs and Psychotropic Substances Act 1985, on his furnishing personal bail bond to the tune of  Rs.50,000/- with one surety in

the like amount to the satisfaction of the concerned JM/JMFC/ACJM/CJM, within a period of two weeks from today, subject further to the following

conditions:-

• Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance

by filing appropriate application;

• He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

• He shall not 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 the Court or the Police Officer; and

• He shall not leave the territory of this Country.

It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present

bail petition and learned trial Court shall not be influenced in any manner whatsoever by any of the findings so returned by this Court in the

adjudication of this petition during the course of the trial of the case. It is further clarified that in case the petitioner does not comply with any of the

conditions, which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of

the bail. The petition stands disposed of in the above terms.

Downloaded copy of this order from the website of this Court shall suffice the purpose for furnishing of personal and surety bonds, as directed above,

before the learned Court below and there will be no need to produce certified copy in this regard.