Neel Chand vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court seeking bail in case FIR No. 75 of 2021, dated 17.4.2021, registered in Police Station Rampur, District Shimla, H.P. under Section 20 of Narcotic Drugs and Psychotropic Substances Act (in short “NDPS”).

Status Report stands filed. Record was also made available.

As per prosecution case, on 17.4.2021 at about 8:30 A.M. Police Party was doing checking of vehicles. At that time, two persons coming from Rampur side, on seeing the Police Party, got perplexed. One of them threw a carry bag on the side of the road being carried by him and both of them took about turn and tried to leave the spot with fast steps. They were apprehended by the Police at some distance on suspicion for throwing carry bag.

Two persons, namely, Raj Kumar and Kailash Thakur passing through the spot at that time, were associated in search and seizure.

On inquiry two persons, who were apprehended, disclosed their names as Neel Chand (petitioner) and Prakash Chand. Bag thrown by them was picked up and checked in presence of witnesses and accused persons, wherein sticks of black colour were found. On the basis of disclosure by accused persons and experience of Police as well as smelling, the recovered contraband was found to be charas. On weighing, charas was found to be 897 grams which, after complying the prescribed procedure, was taken into possession and seized.

By sending a ruka to Police Station, FIR was registered and thereafter, on finding prima facie complicity in commission of offence, petitioner alongwith co-accused were arrested.

As per prosecution case, accused persons are habitual of consuming charas and during investigation they disclosed that last year, during lockdown, they had extracted charas from naturally grown cannabis plants in their respective villages and they were going to sell the charas collected by them in Rampur, Chubag, Khaneri etc. to addicts of charas. As per FSL report, recovered contraband has been confirmed as charas.

It has been also informed that against accused Neel Chand two other cases, i.e. case FIR No. 44 of 2013, dated 5.7.2013, registered under Sections 451, 323, 427 and 34 IPC and FIR No. 63 of 2020, dated 4.6.2020 under Section 18 of NDPS Act, have been found registered in Police Station, Nirmand and one case FIR No. 17/2015, dated 28.5.2015 under Sections 353 and 332 IPC in Police Station Kumarsain, has been found registered against co-accused Prakash Chand.

Challan was presented on 22.6.2021 in the Court of Special Judge, Kinnaur at Rampur.

Learned Additional Advocate General has submitted that petitioner is involved in commission of heinous crime, causing damage to the Nation, society and families as well as individuals and for commission of such offence petitioner does not deserve to be treated leniently and, therefore, prayer for dismissal of bail application has been made.

Learned counsel for the petitioner has submitted that out of two cases, referred in the status report, registered against petitioner Neel Chand, only one case is for commission of offence under NDPS Act, which is pending adjudication, whereas another case is not related to commission of offence under NDPS Act.

Learned counsel for the petitioner has further submitted that petitioner is behind the bars since last more than one year, whereas as per story of prosecution 897 grams charas was recovered from the petitioner, which is of intermediate quantity and, therefore, rigors of Section 37 of NDPS Act are not applicable in present case. He has further submitted that keeping in view quantity of charas recovered and period of detention of petitioner, petitioner deserves to be enlarged on bail as his guilt is yet to be established by placing on record cogent and reliable evidence in the trial Court. It has been further submitted that petitioner has been wrongly involved in present case, whereas he has nothing to do with the alleged recovery of charas.

Without going into merits of rival contention of parties, but considering entire material placed before me narrating facts and circumstances, quantity of charas and period of detention of the petitioner, I find that petitioner may be enlarged on bail.

Accordingly, petitioner is ordered to be enlarged on bail on furnishing personal bond in the sum of 50,000/- with one surety in the like amount, to the satisfaction of trial Court, i.e. Special Judge Kinnaur at Rampur, within two weeks from today and upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure presence of the petitioner at the time of trial:-

(i) That the petitioner shall join the investigation and attend the Court as and when directed to do so by the Investigating Agency/Court;

(ii) that the petitioner shall not directly or indirectly 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for their availability to Police and/or during trial;

(viii) he shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner, enlarged on bail, as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any conditions imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

The petitioner is permitted to produce copy of order downloaded from the High Court website and trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.