Nitish Kumar Sharma vs State Of HP

Jyotsna Rewal Dua, J

Petitioner seeks regular bail in FIR No.69/2021, dated 20. 05.2021, registered at Police Station Sadar, District Solan, under Section 15 of the

Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’).

Heard learned counsel for the parties and gone through the status report.

The prosecution case as it comes out from the status report is that:-

3(i). On 20.05.2021, a police party was present at Rabon, District Solan. At around 12:30 pm, it received a secret and reliable information about the

petitioner. The information was that the petitioner is owner and driver of Truck No.HP-62D-2072 and is actively engaged in drug peddling in District

Solan and surrounding areas. The information was specific that the petitioner was driving his truck and bringing it towards Solan carrying the

contraband and further that search of his truck at Solan can result in recovery of the contraband.

3(ii). On receipt of this information, all codal formalities under the NDPS Act were complied with. Independent witnesses were also associated in the

raiding party, which waited for the petitioner’s truck to reach near Kumarhatti Overbridge on NH-5. The truck in question driven by the petitioner

reached the spot at around 1:30 pm. It was stopped. Search of the truck was carried out in accordance with law. From the Driver’s cabin inside

the truck, poppy straw weighing 2.450 kg was recovered. Accordingly, FIR was registered and the petitioner was arrested on 20.05.2021.

3(iii). During investigations, the petitioner statedly disclosed purchasing the truck in the year 2020 and that he had purchased the contraband for

Rs.5500/- from Mangalwara, District Udaipur, Rajasthan, during his recent trip. He also stated that poppy straw was freely available in the State of

Rajasthan. He also stated that he had purchased the recovered contraband for self use.

3(iv). Petitioner’s previous bail application was rejected by the learned Special Judge, Solan on 01.06.2021 on the ground that the recovered

contraband was meant for supply/sale to consumers.

Learned counsel for the petitioner raised the plea of innocence and false implication. Additionally, he submitted that the quantity of the contraband

allegedly recovered from the possession of the petitioner is nearer to the small quantity notified under the NDPS Act. Petitioner has completed almost

one month in custody and is co-operating with the Investigating Agency. Learned counsel for the petitioner further submitted that in case of his

enlargement on bail, the petitioner will not influence the prosecution witnesses or tamper the prosecution evidence and will abide by all the terms and

conditions, which may be imposed upon him by this Court.

Per contra, learned Deputy Advocate General submitted that the petitioner is guilty of possessing contraband poppy straw, therefore, he be not

enlarged on bail. However, he also submitted that in case this Court is inclined to grant bail to the petitioner, then the same be made subject to

stringent conditions.

As per the status report, the quantity of the contraband allegedly recovered from petitioner’s possession though falls in commonly known as

‘Intermediate’ category, however, it is nearer to the ‘Small’ quantity notified under the NDPS Act. At this stage, it cannot be said that

the petitioner is a drug peddler and not a drug addict. Status report does not indicate any criminal history of the petitioner. Petitioner had statedly

disclosed procuring the contraband for his own use from the State of Rajasthan during his recent trip in his truck. Investigation in the matter is

complete. Trial of the case will take sufficient time to complete. In the facts and circumstances of the case, there is no justification to curtail the

liberty of the petitioner any further. Petitioner is resident of Chiterkoot Shiva Vihar, Post Office Shamti, Tehsil and District Solan, Himachal Pradesh,

therefore, his presence can be ensured in the trial. Therefore, 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 two local sureties 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 the Investigating Officer in accordance with law.

(ii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

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

(iv). 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 Police Officer.

(v) . In case the petitioner is put to trial, then he 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 the petitioner is arraigned as an accused in future, in any FIR under NDPS Act, then this bail is liable to be

cancelled. It is open for the Investigating Agency to move appropriate application in that regard. This shall also be considered as a negative factor for

consideration of his future bail application, if any.

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.