Mohan Singh vs State Of Himachal Pradesh

Ajay Mohan Goel, J

As both these petitions arise out of FIR No. 56 of 2021, dated 29.08.2021, registered at Police Station Kandaghat, District Solan, H.P. under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter to be referred as the 'NDPS Act' for short), they are being disposed of by a common order.

The case of the prosecution is that the petitioners herein were apprehended by a police party on 29.08.2021, at about 3:15 p.m. when they were going on a Motorcycle bearing registration No. HP63A-8474, being driven from Chail side towards Sadhupul. The petitioners, on seeing the police party, tried to run away, but as the Motorcycle developed a snag, they were apprehended by the police. On the querry by the police, they disclosed their names as Mohan Singh and Rajesh Sharma. The pillion rider namely Mohan Singh was carrying a pithu bag, which when checked, was found containing a white coloured bag, in which, black coloured substance was found, which on smelling was found to be 'charas. When weighed, it was found to be 353 grams. The contraband was sealed and proceedings were initiated against the petitioners under the provisions of the ND&PS Act. They were arrested as per law. The petitioners are stated to be in custody since then. Earlier, the bail applications filed by the petitioners before the learned Special Judge (3), Solan, District Solan, stood dismissed on 14.09.2021.

Mr. Vipin Pandit, learned Counsel for the petitioners has argued that the petitioners are innocent and have been falsely implicated in the case by the police. He stated that the petitioners are law abiding citizens who do not have any previous history of being involved in any criminal activity and it is only on account of manipulation of certain person(s) that a false case has been prepared against the petitioners on the basis of a concocted story and they have been arrested. He submitted that otherwise also, taking into consideration the fact that the petitioners do not have any previous criminal history and as the alleged recovery is of intermediate quantity, and further, as investigation is complete and challan already stands filed in the Court of law, no purpose is going to be served by detaining the petitioners in custody as they undertake to abide by all such terms and conditions which may be imposed by the Court upon them while granting bail.

Opposing the bail petition, learned Deputy Advocate General has argued that keeping in view the fact that the petitioners have been booked under the provisions of the ND&PS Act, there is each and every possibility that in case they are ordered to be released on bail, they may try to influence and win over the witnesses, and thus, can create hurdles in the smooth trial of the case. He further submits that rigors of Section 37 of the ND&PS Act are also not applicable in this case. Accordingly, a prayer has been made for dismissal of the petition.

I have heard learned Counsel for the petitioners as well as learned Deputy Advocate General and also gone through the averments made in the bail petitions as well as the status report.

Record demonstrates that the petitioners had earlier also approached the Court of learned Special Judge (3), Solan, for grant of bail under the provisions of Section 439 of the Code of Criminal Procedure in the present FIR. Their bail applications have been rejected by the learned Court below vide order dated 14.09.2021. A perusal of the order passed by learned Court below demonstrates that primarily what weighed with the learned Court below while dismissing the bail petitions was that fact that the police was still carrying out the investigation qua the financial aspect of the matter and the antecedents of the petitioners were also to be verified. What further weighed with the learned Court below was also the fact that alongwith charas, a weighing machine was also recovered from the petitioners.

Be that as it may, now as the investigation is complete and as per record the petitioners do not have any previous criminal history, this Court is of the considered view as the charas allegedly recovered from the petitioners is of intermediate quantity, it will be in the interest of justice, in case, these petitions are allowed and the petitioners are ordered to be released, because this Court concurs with the submissions made by learned Counsel for the petitioners that no purpose is going to be served by keeping the petitioners in custody as the investigation is complete and challan already stands filed in the appropriate Court of law. As far as apprehensions expressed by learned Deputy Advocate General are concerned, the same can be taken care of by imposing stringent conditions upon the petitioners, while releasing them on bail, with further liberty reserved to the State to move appropriate application for recalling the bail granted to the petitioners, in case, the petitioners violate any of the said conditions. Accordingly, as the investigation in the case is complete and challan stood filed in the Court of law, these petitions are allowed by ordering the release of the petitioners in FIR No. 56 of 2021, dated 29.08.2021, registered at Police Station Kandaghat, District Solan, H.P. under Sections 20 and 29 of the NDPS Act, on their furnishing personal bail bond to the tune of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court, within a period of two weeks from today, subject to the following conditions:-

• Petitioners shall 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;

• They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

• They shall not 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 Court or the Police Officer; and

• They shall not leave the territory of this Country.

It is clarified that findings which have been returned by this Court while deciding these petitions are only for the purpose of adjudication of the these petitions and learned trial Court shall not be influenced in any manner whatsoever by any of the findings so returned by this Court in the adjudication of these petitions during the course of the trial of the case. It is further clarified that in case the petitioners do not comply with any of the conditions, which have been imposed upon them while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petitions stand disposed of in the above terms.

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