Kaku Khan vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

39 grams of cannabis was recovered from one Gopal @ Gopi, son of Ramesh Chand on 27.12.2020. FIR No. 186/2020 was, therefore, registered

against him on 27.12.2020, under Section 20 of the Narcotic Drugs & Psychotropic Substances Act at Police Station, Talai. During investigation said

Shri Gopal is stated to have disclosed purchase of the contraband from the bail petitioner on 27.12.2020 against cash payment of `8000/-, whereafter

the name of the petitioner was added as an accused in the FIR in question. During further investigation, call detail reports were obtained by the

investigating agency. These revealed exchange of calls between the petitioner and said Shri Gopal on 27.12.2020 i.e. the date of alleged recovery of

contraband from Gopal as well as in the days immediately preceding that date. The petitioner has been alleged to be a supplier of cannabis in the FIR

in question. The status report also gives criminal antecedent of the petitioner inasmuch as an FIR No. 132/2020 has also been registered against him

on 27.8.2020 under Sections 20 and 29 of NDPS Act for possessing 100.17 grams of cannabis.

Learned Counsel for the petitioner has placed on record the order dated 5.9.2020 releasing the petitioner on bail in FIR No. 132 of 2020, inter alia,

on a condition that ‘bail petitioner shall not commit an offence similar to the present one and shall not indulge in similar activities.’

Learned Counsel for the petitioner submitted that though the petitioner has been falsely implicated in the FIR, however, the quantity alleged to have

been supplied by him is small quantity notified under the NDPS Act. Therefore, learned Counsel prays for confirmation of interim petition granted to

the petitioner on 30.12.2020. Petitioner has undertaken to abide by all the conditions, which may be imposed upon him.

Whereas, learned Additional Advocate General submitted that in case the Court is inclined to confirm the bail, the same be made subject to stringent

conditions.

Petitioner has criminal antecedent. Previously, for possessing 100.17 grams of cannabis, FIR 132/2020 was registered against him. He was bailed out

in the FIR on the condition that he shall not commit similar offence and shall not indulge in similar activities in future. However, in less than four

months, instant FIR has been registered against him for offences under NDPS Act. At this juncture, considering the fact that quantity of contraband

involved in this FIR is small quantity, as notified under the Act as well as the fact that main accused Gopal has been proceeded under Section 41(1) of

the Code of Criminal Procedure and the fact that petitioner is a local resident, interim protection granted to him on 30.12.2020 is confirmed subject to a

stringent condition that in case the petitioner in future is found to be involved in any offence under the NDPS Act, then irrespective of the quantity

involved therein instant bail shall be liable to be cancelled. Accordingly, the bail petition is allowed and the interim protection granted on 30.12.2020 is

confirmed 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) In case of launching of prosecution, 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 the petitioner is arraigned as an accused in future, in any FIR, more particularly 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.

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 above observations.

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

Authenticated copy of this judgment be supplied to the parties by the Secretary, if so requested.