Mohd. Quarban vs State of H.P.

Kuldip Singh, Judge

This is an application u/s 438 Cr.P.C., for releasing the petitioner on bail in FIR No.338/2011 dated 24.10.2011 registered at Police Station, Paonta Sahib, District Sirmour, u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).

It has been stated that petitioner is innocent, he has been falsely implicated in the case on the basis of suspicion and on the allegation that 12 Kg. poppy husk has been recovered from the vehicle of the petitioner on 23.10.2011. It has been stated that said vehicle at the relevant time was with one Madan Gopal as the petitioner at that time was at village Laharpur, District Yamuna Nagar, Haryana. The petitioner has left for Laharpur on 21.10.2011, he fell ill there due to kidney problem. Later on, the petitioner came to know that he has been implicated in the above case.

The petitioner is innocent, he has committed no offence much less an offence u/s 15 of the Act. The petitioner filed bail application, which has been rejected by learned Special Judge No. 2, Sirmour District at Nahan on 1.12.2011. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail, u/s 438 Cr.P.C.

The status report has been filed. It has been stated that case has been registered on the basis of rukka sent by ASI Kedar Nath through constable Ayub Khan. It has been stated that police party was at Battapul, Paonta Sahib and checking the vehicles. At about 3.25 p.m., vehicle HP-71-2929 came from Paonta Sahib side. It was signaled to stop and the driver stopped the vehicle and fled away from the spot. He was chased but could not be caught. The vehicle was checked and on checking 12 Kg. poppy husk was recovered. The sampling and sealing was done. It has come during investigation that driver Qurban alias Billu fled away from the spot and he could not be traced. As per FSL report exhibit is a poppy husk. The bail application of the petitioner was dismissed by the Addl. Sessions Judge on 1.12.2011.

It has been stated that petitioner is involved in FIR No. 292 dated 1.9.2005 under the Gambling Act and was convicted on 16.3.2006 and was fined Rs.500/- by Judicial Magistrate Ist Class, Paonta Sahib. The petitioner is also involved in FIR No. 447 dated 17.11.2006 u/s 15 of the Act and the case is pending in the court of Judicial Magistrate Ist Class, Court NO. 1, Paonta Sahib. The petitioner is also involved in FIR No. 205 dated 1.6.2008 under sections 279, 337, 338 IPC and sections 181, 187 of Motor Vehicles Act and that case is also pending in the court of Judicial Magistrate Ist Class (1), Paonta Sahib. The petitioner has gone underground. It has been stated that bail application of the petitioner may be dismissed.

I have heard the Learned Counsel for the parties and have also perused the police file. The prosecution case is that 12 Kg. poppy husk was recovered from the vehicle, which was being driven by the petitioner, however, he managed to escape from the spot and thereafter he appeared before the investigating agency only when he was granted ad-interim anticipatory bail by the court below. The anticipatory bail application of the petitioner was later on dismissed by the lower court and now the petitioner has again gone underground. The petitioner is involved in other criminal cases including the u/s 15 of the Act, which is pending trial in the court of Judicial Magistrate Ist Class, Paonta Sahib. It appears the petitioner is repeating the offence under the Act. In these circumstances, the petitioner is not entitled to indulgence of bail u/s 438 Cr.P.C. Hence, the bail application is dismissed.

Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.