Kuldeep vs State of Himachal Pradesh

Tarlok Singh Chauhan, J.—The petitioner has filed this application u/s 439 of the Code of Criminal Procedure for grant of bail in case FIR No. 7 of 2014 dated 25.1.2014 registered at Police Station, Sunni, District Shimla, H.P. under Sections 22 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ''Act'').

The prosecution story, in brief, is that on the intervening night of 24th & 25th January, 2014, a vehicle bearing registration No. CH-01X-8819 was intercept at Gharat Nalla falling under Police Station, Sunni and because of the vehicle being found in the unusual hour at this place, the police got suspicious as it was 12.15 A.M. and stopped the vehicle. At that time, there were two occupants, who disclosed their names as Anil Kumar alias Anu and Kuldeep alias Kaku. During the intensive search of the vehicle, it was found that the accused persons were carrying one carton box containing 120 bottles of Rexcof of 100 ml. There was also one another cream colour bag bearing 15 bottles of same mark and quantity and thereafter the accused were found carrying total 135 bottles of Rexcof of 100 ml. and the name of the Company was mentioned as Cipla. The accused did not have a valid permit or license and accordingly a case u/s 22 of the Act was registered against the petitioner along with other co-accused.

I have heard learned counsel for the petitioner and also gone through the status report submitted by the State.

The learned counsel for the petitioner has contended that the petitioner in fact had taken lift from Anil Kumar, who admittedly is the registered owner of the vehicle. The learned counsel for the petitioner has next contended that in fact he was get married and for this purpose was coming to Shimla for shopping and on account of that he had taken lift in the vehicle belonging to Anil Kumar, since he belongs to the same village and was known to the petitioner. This fact has not been denied by the Investigating Officer. It is further contended that there was heavy snow fall during those days as a result whereof the regular road from Narkanda to Shimla was infact closed and that is why the alternative route via Sunni was resorted to. This fact has not been denied by the investigating agency.

At this stage, prima-facie it appears that it was Anil Kumar, who was the registered owner of the vehicle and who can safely be said to be in conscious possession of the contraband, while the complicity of the petitioner will have to be established by the prosecution during the course of the trial. Even the previous conduct of the petitioner does not in any manner suggest that the petitioner has any previous criminal history while on the other hand Anil Kumar the other co-accused has criminal history. He is otherwise permanent resident of village Dhala, Tehsil Kumarsain, District Shimla and can safely be held to be having roots in the society. Thus, this is a fit case where I feel that the petitioner ought to be released on bail.

Accordingly, the petition is allowed and the petitioner is ordered to be released on bail, if he is not connected in any other case, in case FIR No. 7 of 2014 dated 25.1.2014 registered at Police Station, Sunni, District Shimla, H.P. under Sections 22 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on his furnishing personal bond in the sum of Rs. 1,00,000/- with one surety of the like amount to the satisfaction of the Judicial Magistrate 1st Class, Shimla, with the following conditions:

(i) 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 any police officer;

(ii) that the petitioner shall not temper with the prosecution evidence or threaten the witnesses;

(iii) that the petitioner shall make himself available for interrogation by the police officer as and when and if required.

(iv) that the petitioner shall not misuse his liberty in any manner.

It is made clear that the observations made in this order are solely for the purpose of deciding the bail application and shall not be read or referred to at the time of trial or at any later stage.

Copy ''dasti''.