Jagdish Chand vs State Of H.P

Jyotsna Rewal Dua, J

For possessing 837 grams of cannabis, petitioner, has been arrayed as an accused in FIR No.33/19, dated 27.11.2019, registered under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act for short) at Police Station Puruwala, District Sirmour, H.P. By means of present petition, he is seeking regular bail under Section 439 of the Code of Criminal Procedure.

I have heard learned counsel for the parties through video conference and gone through the status report filed by the respondent-State.

The gist of the prosecution case against the bail petitioner as it comes out from the status report is that:-

3(i) On 26.11.2019 at about 10.15 p.m. a police party while on patrolling duty at Bhungarni Chowk, noticed a person (petitioner) coming from Nihalgarh and going towards Bhungarni. On seeing the patrolling party, this person became perplexed and retraced his steps towards Nihalgarh. Getting suspicious, the patrolling party signalled this person to stop, however, this only prompted him to walk more faster towards Nihalgarh. The person was also seen trying to conceal a bag held by him. He was thereafter apprehended by the police officials and search in accordance with law was carried out. Search of the bag held by him led to recovery of 837 grams of cannabis. The entire procedure as contemplated under the Code of Criminal Procedure as well as the Narcotic Drugs and Psychotropic Substances Act, was followed leading to registration of instant FIR. The bail petitioner was arrested on 26.11.2019 and is in custody ever since.

3(ii) Status report does not indicate any previous criminal antecedents of the petitioner. Challan according to the status report stands presented before the Competent Court on 15.01.2020. A previous bail petition preferred by the petitioner was rejected by the learned Special Judge-II, Sirmour District at Nahan, vide order dated 13.2.2020, primarily on the ground that the petitioner was found in exclusive and conscious possession of 837 grams of cannabis without any permit and he might indulge in similar activities again in case of release on bail

Learned counsel for the petitioner raised plea of false implication and innocence of the petitioner. He further submitted that investigation in the case is complete. Challan stands presented before the Court of learned Additional District and Sessions Judge Sirmaour District at Nahan. He also highlighted the fact that there is no criminal antecedents of the bail petitioner. Learned counsel further submitted that the petitioner will abide by all terms and conditions, which may be imposed upon him in case of grant of bail and that he will not influence the witnesses or temper with the prosecution evidence in any manner.

Learned Additional Advocate General opposed the bail application on the ground that 837 grams of cannabis was recovered from the petitioner. His release would adversely affect the interest of society, which ought to be protected from the increasing drug menace in the society.

(i) 837 grams of cannabis was allegedly recovered from a bag held by the petitioner. This quantity is though more than 'small' but less than 'commercial', notified under the Act and falls in now commonly known as 'intermediate quantity'. Therefore, the rigors of Section 37 of the Act will not be applicable in the instant case. (ii) Status report does not indicate any previous criminal antecedents of the bail petitioner. (iii) The investigation in the case is complete and Challan stands presented in the Court of competent jurisdiction on 15.01.2020. (iv) The status report filed after completion of the investigation does not indicate that the petitioner was involved in sale or purchase of the contraband. Petitioner has not been reflected therein as a drug peddler. (v) Considering all these aspects and also the fact that the petitioner is behind the bars w.e.f. 26.11.2019 and trial would take sufficient time, therefore in present Covid-19 pandemic times, no fruitful purpose would be served in keeping the bail petitioner behind the bars any further.

The petitioner, aged 21 years is stated to be local resident of Village Bandur, Tehsil Chopal, District Shimla, Himachal Pradesh, therefore, his presence can be secured in the trial. To ensure that the petitioner does not indulge in similar activities again, a strict condition is being imposed that in case he is found involved in future in any FIR under NDPS Act then this bail is liable to be cancelled and this fact would be considered as a negative factor for his future bail applications, if any. Accordingly, the present petition is allowed and petitioner is ordered to be released on bail in FIR No.33/19, dated 27.11.2019, registered under Section 20 of the NDPS Act at Police Station Puruwala, District Sirmour, H.P on his furnishing personal bond in the sum of Rs.75,000/- , with one local surety in the like amount, to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

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

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). 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). Petitioner 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 petitioner is arraigned as an accused, in future, in any FIR under NDPS Act, then his present bail is liable to be cancelled and this fact shall also be taken as a negative factor for consideration of his future bail applications, if any. It is open for the Investigating Agency to move appropriate application in that regard; &

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 main matter without being influenced by the above observations.

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

Authenticated copy be supplied to learned counsel for the parties through the Secretary/Private Secretary, in case so required.