Lalit Kumar vs State Of Himachal Pradesh

Virender Singh, J

Applicant-Lalit Kumar has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), for releasing him on bail, during the pendency of trial, in case FIR No. 296 of 2022, dated 17th December, 2022, registered with Police Station Sadar, District Bilaspur, H.P., under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS Act’).

The applicant has sought the bail, on the ground, that he is an innocent person and has nothing to do with the alleged offence, for which, he has been arrested by the police. It has also been contended on behalf of the applicant that the prosecution case is based on baseless and imaginary story and he has been falsely implicated, in the present case.

It is his further case that investigation, in the present case, is complete and nothing is to be recovered from him or at his instance and no fruitful purpose will be served by keeping him in judicial custody.

Apart from this, the learned counsel, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, released on bail, during the pendency of the trial.

When put on notice, police filed the status report, disclosing therein that on 17th December, 2022, at about 05.30 a.m., when PSI Shashank Chauhan, alongwith other police official, was present at College Chowk, Bilaspur, for patrolling and picketing, he noticed one white coloured car, bearing registration No. HP-01K-6917, being driven by its driver, coming from the side of Ghagas, in which, four persons, including driver, were found sitting. All the four persons, sitting in the car, got perplexed on seeing the police party. When, the Investigating Officer asked them for the documents of the car, they had replied evasively, upon which, a suspicion got developed, in the mind of the Investigating Officer that there might be some objectionable item in the car. Thereafter, when no body agreed to be the independent witness during the investigation of the case, then, HHC Kulveer Singh No. 556 and Constable Rajesh Dharmani was asked to be the independent witnesses. In the presence of the above independent witnesses, the persons sitting in the car , on inquiry, disclosed their names to be Ram Dayal, Rajesh Kumar, Ravi Kumar and Lalit Kumar (applicant). When, the dashboard of the car was opened, then, two transparent polythene packs were found inside the Glove Box, which, on opening, were found containing ball shaped, flat and stick shaped black coloured substance. On the basis of experience and as told by all the person persons sitting in the car, the contraband was found to be ‘charas’. On weighment, the said charas was found to be 610 grams. The contraband, so recovered, was taken into possession. Other codal formalities were completed and the contraband was sent to SFL Junga, for chemical analysis.

It has been apprehended that in case, the applicant is released on bail, he may again indulge in such type of activities and may coerce the witnesses.

On all these submissions, a prayer has been made to dismiss the bail application.

Heard.

Admittedly, the contraband allegedly recovered from the possession of the applicant, in this case, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in this case.

Once, it has been held that rigors of Section 37 of the NDPS Act are not applicable, in this case, then the presumption of innocence is still available to the applicant, as the bail application cannot be rejected as a matter of punishment. Pre-trial punishment is prohibited under the law. The trial of the accused will take sufficient long time and no useful purpose would be served by keeping him in judicial custody.

At the time of deciding the bail application, the Court should refrain from discussing the case of the prosecution in detail, as, the same would cause prejudice to the case of the prosecution or the defence.

So far as the apprehensions, as expressed, in the status report, are concerned, those are not sufficient to decline the relief to the applicant, for which, he is, otherwise, entitled to. For those apprehensions, reasonable conditions can be imposed.

Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

The applicant is ordered to be released on bail in case FIR No. 296 of 2022, dated 17th December, 2022, registered with Police Station Sadar, District Bilaspur, H.P., under Sections 20, 25 and 29 of the NDPS Act, on his furnishing personal bail bond, in the sum of ₹ 50,000/- , with one surety of the like amount, to the satisfaction of learned CJM/JMFC/ Duty Magistrate, Bilaspur. This order, however, shall be subject to the following conditions:

a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

d) He shall not leave the territory of India without the prior permission of the Court.

Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.

Applicant may produce a downloaded copy of the order, passed by the Court, before the learned CJM/JMFC/ Duty Magistrate, Bilaspur, and the said Court shall not insist for the certified copy of order, rather, passing of order can be verified from the web-page of this Court.