Nishant vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

By means of instant petition, prayer has been made for enlargement of the petitioner on bail under Section 438 of the Code of Criminal Procedure. Interim protection was granted to the petitioner on 19.03.2021.

Status report has been filed by the respondent/State. Petitioner is co-accused alongwith one Raj Kumar in FIR No.40/2021, dated 10.03.2021, registered under Section 22 & 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (The Act in short), at Police Station Gagret, District Una, H.P.

As per the status report, a police patrolling party on 10.03.2021 laid a 'naka' around Gagret, Tehsil Una. At around 9.58 P.M, the patrolling party stopped a car bearing registration No. HP-21A-3312, coming from Una side. The vehicle was stopped for checking. On being questioned, its driver/Raj Kumar appeared perplexed. Getting suspicious, the patrolling party carried out the search of the vehicle in accordance with law and in presence of the independent witnesses. During the search, total 320 Pyeevon Spas Plus intoxicating capsules were recovered from the dash board of the vehicle. The substance in all weighed 209.28 grams. Sh. Raj Kumar was arrested on 10.03.2021 and is in custody ever since. The State Forensic Laboratory has reported that recovered capsules contained Tramadol Hydrochloride.

As per the status report, during investigation, the aforesaid Raj Kumar disclosed procuring recovered intoxicating capsules from the bail petitioner. He also disclosed that in the past also, whenever he needed the intoxicating capsules, he used to procure the same from the petitioner. Status report also mentions that the investigation from accused Raj Kumar in this regard was carried out in presence of independent witnesses, whose statements under Section 161 of the Cr.PC were also recorded. On the basis of the investigation carried out, call detail reports of mobile numbers of Raj Kumar and the bail petitioner were procured by the Investigating Agency, which revealed exchange of 38 calls between the two from 06.12.2020 to 09.03.2021. It is in this background that the petitioner was made an accused under Section 29 of the Act in the FIR in question. Status report further records that the petitioner had absconded w.e.f. 9.3.2021 onwards and surfaced only after the grant of interim protection on 19.3.2021.

Though the contraband allegedly recovered from the vehicle falls in the inter-mediate category, yet the fact cannot be ignored that 320 Pyeevon Spas Plus intoxicating capsules containing Tramadol Hydrochloride were recovered from the main accused Raj Kumar, who stated during investigation that he had procured the capsules from the bail petitioner. He also statedly disclosed about procuring intoxicating capsules on many previous occasions from the bail petitioner. Such investigation is stated to have been carried out in presence of witnesses whose statements have been recorded under Section 161 Cr.PC. Status report further mentions that call detail reports obtained by the investigating agency reveal exchange of 38 calls between accused Raj Kumar & the bail petitioner from 6.12.2020 to 9.3.2021. Status report also mentions the fact that the petitioner had absconded w.e.f 9.3.2021 onwards and appeared only after the grant of interim protection to him and further that he has not been cooperating in the investigations. Considering all the above aspects in totality, in my considered view, custodial interrogation of the petitioner is warranted in the facts and circumstances of the case. Accordingly, the present petition is dismissed.