Jatinder vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

This regular bail petition arises out of FIR No.148/2021, dated 04.12.2021, registered under Section 18 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (in short ‘NDPS Act’) at Police Station Dhamtal, District Kangra.

The prosecution case is that on 04.12.2021, wile the police personnel while patrolling the area within its jurisdiction, noticed a person (bail petitioner),

who, on seeing them, suddenly took out a packet from his pyjama and threw it on the roadside. Getting suspicious, the person was nabbed by the

police officials. The packet, thrown by him, was retrieved. The search was carried out in accordance with law. The packet was found to be containing

opium, weighing 90.55 grams. All codal formalities were completed and the FIR was registered. The petitioner was arrested on 04.12.2021.

Learned counsel for the petitioner submitted that the petitioner was nowhere involved in the commission of the offence. He belongs to a respectable

family. The petitioner is bread earner of his family. He is inside the prison for the last more than two months. The investigation in the matter is

complete. The petitioner, under these circumstances, deserves to be released on bail. Learned counsel further submitted that the petitioner will abide

by all the terms and conditions in case of his enlargement on bail and he will not tamper with the prosecution evidence or influence the prosecution

witnesses in any manner whatsoever.

Resisting the bail petition, learned Additional Advocate General submitted that the bail petitioner had earlier also been booked in FIR No.254/2018,

dated 21.09.2018, under Section 22 of NDPS Act. Another FIR No.22/2015, under Sections 341, 323 and 504 of the Indian Penal Code has also been

registered against the petitioner at Police Station Indora. Therefore, the learned Additional Advocate General submitted that the petitioner is not

entitled for bail.

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

The quantity of the contraband allegedly recovered from the possession of the bail petitioner in the instant FIR is 90.55 grams opium, which, falls

under the ‘intermediate’ category. The previous two FIRs mentioned in the status report are of the years 2015 and 2018. It has been submitted

that these pertain to ‘intermediate’ quantity of contraband. Considering the fact that investigation in the matter in the FIR in question is complete

and the police report stands presented on 01.02.2022. The continued detention of the petitioner will not serve any fruitful purpose. In view of the

involvement of the petitioner in two aforementioned FIRs, a stringent condition is being imposed that in case in future, the petitioner is found to be

involved in any offence under the NDPS Act, then, irrespective of the quantity involved, the bail granted to him shall be liable to be cancelled at the

instance of the investigating agency. Accordingly, the present petition is allowed. Petitioner is ordered to be released on bail in the aforesaid FIR on his

furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand only) with one local surety in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the Police Station

concerned, subject to the following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The 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). In case the petitioner is put to trial, then he 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 the petitioner is arraigned as an accused in future in any FIR under the NDPS Act, then this bail is liable to be

cancelled. It is open for the Investigating Agency to move appropriate application in that regard. This shall also be considered as a negative factor for

consideration of his future bail application, if any.

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 matter without being influenced by any of the observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.

Copy dasti.