Harjeet Singh vs State Of Himachal Pradesh

Satyen Vaidya, J

The petitioner is an accused in case FIR No. 57 of 2022 under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985, registered at Police Station, Parwanoo, Tehsil Kasauli, District Solan, H.P.

The case of the police is that on 9.6.2022, a Car bearing No. HP-15B-3190 was apprehended at Timber Trail Chowk, Parwanoo at about 7.40 A.M. Petitioner was occupying the front seat whereas, co-accused Vineet Real wheel Chauhan was on the wheel. On checking, 15.15 grams Chitta/heroine was recovered from the car. Petitioner and his co-accused were arrested. Investigation is stated to be complete and challan has been presented on 6.8.2022. The co-accused Vineet Chauhan is stated to have been released on bail on 1.7.2022.

Status report further reveals that the petitioner and his co-accused, during interrogation had disclosed that they are addicts of consuming heroin and had brought the had same from Ambala for their personal consumption. It is also revealed from the status report that the petitioner already is an accused in another case, registered vide FIR No. 47 of 2022 dated 2.3.2021 under Sections 21 & 29 of the NDPS Act, registered at Police Station, West Shimla, H.P.

A prayer has been made to release the petitioner on bail on the ground that he is innocent and he has been involved in a false case at the instance of some interest persons. Petitioner is of young age and is permanent resident of Village Rajpura, Post Office Jabli, Tehsil Kasauli, District Solan, H.P. Petitioner is ready and willing to abide all the conditions as may be imposed against him.

I have heard learned counsel for the parties and have also gone through the case file carefully.

Petitioner is stated to be about 25 years of age. He is working as a motor mechanic. The quantity recovered from the car occupied by the petitioner is intermediate quantity. As per status report, petitioner and his co-accused are addicts and had brought the contraband for their own consumption from Ambala.

Petitioner is in custody since 9.6.2022. During the course of hearing of this petition, the parents of the petitioner also appeared before this Court. It was submitted by them that they were not earlier aware about the addiction of their son. Since now, they have come to know about the seriousness and gravity of situation, they have planned to get the petitioner medically treated.

Since the quantity of heroin recovered from the car occupied by the petitioner is intermediate quantity, therefore, the rigors of Section 37 of the NDPS Act will not apply. Petitioner is of young age and in case he is addict, he needs to have reasonable chance to amend his habit and pre-trial incarceration may not be the remedy.

Petitioner is permanent resident of Village Rajpura, Post Office Jabli, Tehsil Kasauli, District Solan, H.P. and there is no likelihood of his fleeing from the course of justice. The parents of the petitioner are also ready to support him. The case earlier registered against the petitioner will not be an impediment for release of petitioner in the present case on bail. Each case has to be decided on its own merits and petitioner is already on bail in the case earlier registered against him.

In view of peculiar facts and circumstances of the case, petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 57 of 2022 under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985, registered at Police Station, Parwanoo, Tehsil Kasauli, District Solan, H.P., on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the learned trial Court. This order, however, shall be subject to following conditions:

i) That the petitioner shall make himself available during the entire trial of the case.

ii) 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 from disclosing such facts to the Court or to the Police.

iii) That breach of any of the bail condition by the petitioner shall entail cancellation of the bail.

iv) That the petitioner shall not leave India without the prior permission of the Court.

Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.