Mohit Sharma vs State Of H.P

Jyotsna Rewal Dua, J

By means of present petition, regular bail has been sought by the petitioner in respect of FIR No.149/21, dated 05.12.2021, under Section 21 of

Narcotic Drugs and Psychotropic Substances Act (hereinafter called ‘Act’), registered in Police Station Barotiwala, District Solan, H.P.

The prosecution case as projected in the status report is that on 05.12.2021, a police party on patrolling duty received a secret information that the

petitioner was selling heroin near petrol pump at Bhater/Barotiwala. The information was reliable. Therefore, Section 42 of the Act was complied

with. Independent witnesses were associated by the police party. Search party reached the spot in question and noticed the bail petitioner holding a

carry bag. On seeing the police party, the petitioner starting moving swiftly. He was over powered by the police personnel. The bag carried by him

was searched in accordance with law. 9.45 grams of heroin was recovered from the bag held by the petitioner. The recovery of the contraband led to

registration of the FIR and arrest of the petitioner on 5. 12.2021.

Learned counsel for the petitioner submitted that the police has completed the entire investigation. Further custody of the petitioner is not

warranted. The petitioner is permanent resident of Village Bater, Post Office Barotiwala, District Solan, H.P., therefore, there is no likelihood of his

absconding. That the petitioner will abide by the terms and conditions which may be imposed by upon him in case of grant of bail. Per contra, learned

Additional Advocate General submits that the petitioner does not deserve to be enlarged on bail as another FIR No.50/20, under Section 39(1) (a) of

H.P. Excise Act was also registered against him. In view of the criminal history of the petitioner, probability of his indulging in similar offences cannot

be ruled out.

I have heard learned counsel for the parties and gone through the status report.

The allegations against the petitioner are that he was found in exclusive and conscious possession of 9.45 grams of heroin (alongwith weight of zip

pouch). The quantity allegedly recovered from the petitioner though falls in the intermediate category under the Act, but is nearer to the small quantity

notified under the Act. The petitioner has already spent two months in detention. As per the status report, investigation in the matter is complete. In so

far as criminal history of the petitioner is concerned, no doubt FIR No.50/20 was registered against the petitioner under Section 39(1)(a) of H.P.

Excise Act, but as per status report, the said matter was compounded by imposing compounding fee of Rs.7000/- upon the petitioner. The petitioner is

resident of the State, therefore, his presence can be ensured in the trial. In the facts and circumstances of the case, further detention of the petitioner

is not warranted. Accordingly, the present petition is allowed. Petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing

personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the

learned Trial Court having jurisdiction over the Police Station concerned, subject to the following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by

(ii). the Investigating Officer in accordance with law. The petitioner shall not tamper with the evidence or hamper the investigation in any manner

(iii). whatsoever.

The petitioner will not leave India without prior (iv). permission of the Court.

The 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

(v). Police Officer.

In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted

(vi). in accordance with law.

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

(vii) Card, Bank Account Number, if any.

It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR under NDPS Act, then his 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 any of the observations made

hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.

Copy dasti.