Jeeto Devi vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking her release in case

FIR No. 151 of 2019, dated 23.11.2019, under Section 22 of the ND&PS Act, registered in Police Station Damtal, District Kangra, H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. The petitioner is resident of

the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by

keeping her behind the bars for an unlimited period, so she be released on bail.

Police report stands filed. As per the prosecution story, on 23.11.2019 a police team was on patrol duty and they got a tip-off that the petitioner is

involved in selling narcotics. Police associated two independent witnesses and a raiding party was formed. At about 05:20 p.m. the raiding party

reached near the house of the petitioner, where the petitioner was found standing. Police conducted the search of the house of the petitioner and

found a plastic bag, which contained a transparent bag containing Ridley capsules. In total 180 capsules were found and the petitioner divulged that

these are narcotic capsules. Upon weighment, the capsules were found to be 117.21 grams. Thereafter, the police completed all the codal formalities.

A case was registered and the petitioner was arrested. Police prepared the spot map, photographs were taken as also proceedings were videographed

and statements of the witnesses were recorded. The contraband was sent for chemical examination and it was found containing Tramadol

Hydrochloride (100.36 mg per capsule). Cumulatively, in 180 capsules 18.064 grams of Tramadol Hydrochloride was found. As per the police, during

the course of investigation it was uncovered that the petitioner is also involved in other cases of Excise and ND&PS Act and thus she is spreading the

menace of narcotics in the society. As per the police, challan stands presented in the learned Trial Court on 18.02.2020. Lastly, it is prayed that the

bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage,

she may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.

I have heard the learned Senior Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records,

including the police report, carefully.

The learned Senior Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued

that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as she is resident of the place.

He has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially when

investigation is complete, challan stands presented in the Court and nothing is to be recovered at the instance of the petitioner, so the petition may be

allowed and the petitioner may be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner has committed

a serious crime, she is regularly dealing in narcotics and many cases have been registered against her. He has further argued that in case she is

enlarged on bail, she may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner

may be dismissed.

In rebuttal the learned Senior Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period,

especially when investigation is complete, challan stands presented in the learned Trial Court and in the wake of the fact that custody of the petitioner

is not at all required by the police, so the petition be allowed and the petitioner be enlarged on bail.

At this stage, considering the quantity of the recovered contraband, the petitioner is an old lady of 63 years of age, she is neither in a position to

tamper with the prosecution evidence nor in a position to flee from justice, as she is resident of the place, her custody is not at all required by the

police, she is ready and willing to abide by the terms and conditions of bail, in case so granted, and also the fact that the petitioner cannot be kept

behind the bars for an unlimited period, so this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is

required to be exercised in her favour. Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police in

case FIR No. 151 of 2019, dated 23.11.2019, under Section 22 of the ND&PS Act, registered in Police Station Damtal, District Kangra, H.P., shall be

released on bail forthwith in this case, subject to her furnishing personal bond in the sum of Rs. 25,000/- (rupees twenty five thousand) with one surety

in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions:

(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.

(ii) That the petitioner will not leave India without prior permission of the Court.

(iii) That the petitioner will 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 the Investigating Officer or Court.

In view of the above, the petition is disposed of.