Mohit Thakur vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

For possessing 7.65 grams of heroin, petitioner is in judicial custody, as an accused in FIR No.02/2022, dated 01.01.2022 registered under Sections

21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the ‘Act’ hereinafter) at Police Station Sadar, District Solan H.P. By

means of instant petition, he is seeking regular bail under Section 439 of the Code of Criminal Procedure.

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

According to the status report, on 01.01.2022 at around 7.30 P.M. a police party was on routine patrol duty near Shamti Bazar in District Solan. It

received a secret information that the petitioner alongwith two other accomplices namely Sh. Vinay Sharma and Pranav were indulging in sale and

purchase of Heroin in a vehicle near the spot described in the information and their search at that point of time could lead to recovery of large quantity

of Heroin. Since the information was reliable, therefore, provisions of Section 42 of the Act were complied with. The raiding party reached the spot in

question, where three persons were found sitting in a car bearing registration No.HP-14C-1156. The petitioner was on the driver seat of the vehicle,

whereas accused Sh. Vinay Sharma was on the front seat and the other accused Sh. Pranav was on the back-seat. Search of the vehicle was carried

out in accordance with law. During search, 7.65 grams of Heroin was recovered from dash-board of the vehicle, which led to registration of the FIR

and arrest of the accused persons.

Learned counsel for the petitioner submitted that co-accused persons Sh. Vinay Sharma and Sh. Pranav have been enlarged on bail by the learned

Sessions Judge Solan on 13.01.2022. Petitioner is also entitled to be released on bail on the ground of parity. Learned counsel further submitted that

the investigation in the matter is complete and nothing incriminating remains to be recovered from the petitioner. Learned counsel submitted that the

petitioner will abide by all the conditions, which may be imposed upon him in case of grant of bail and that he will not influence the prosecution

witnesses or tamper with the prosecution evidence in any manner. Learned Additional Advocate General, while opposing the bail petition, submitted

that in case the Court is inclined to grant bail to the petitioner, then stringent conditions may be imposed upon him.

According to the status report, the quantity of the contraband allegedly recovered from the possession of accused person is 7.65 grams, which is

nearer to ‘small’ quantity notified under the Act and falls in now commonly known as ‘intermediate quantity’. Therefore, the rigors of

Section 37 of the Act will not be applicable in the instant case. The co-accused persons Sh. Vinay Sharma and Sh. Pranav have already been

enlarged on bail. As per status report, FIR No.66/2021 has been registered against the bail petitioner on 13.05.2021 at Police Station Sadar District

Solan. However, the quantity of contraband involved in that FIR is 4.61 grams, which is small quantity. Investigation in the matter is complete.

Considering all these aspects and also the fact that the petitioner is behind the bars w.e.f. 01.01.2022 and trial would take considerable time, no fruitful

purpose would be served by keeping the bail petitioner behind the bars any further. The petitioner, aged 28 years is stated to be a local resident of

village Shiva post office Jubbar, Tehsil Kasauli, District Solan, Himachal Pradesh, therefore, his presence can be secured in the trial. To ensure that

the petitioner does not indulge in similar activities again, a strict condition is being imposed that in case he is found involved in future in any FIR under

the NDPS Act then this bail is liable to be cancelled. Accordingly, the present petition is allowed and petitioner is ordered to be released on bail in the

aforesaid FIR on his furnishing personal bond in the sum of Rs.25,000/- with one local surety in the like amount to the satisfaction of the learned trial

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

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully

cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law.

(ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever. (iii). Petitioner will not leave India without

prior permission of the Court.

(iv). 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 Police Officer.

(v). In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

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

(vii) 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 uninfluenced by any of observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Learned counsel for the petitioner is permitted to produce copy of order downloaded from the High Court website before the concerned authorities

who shall not insist for certified copy of the same, however, it may verify the order from the High Court website or otherwise.