Paramjeet @ Pamma vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner, a lady aged 60 years, has prayed for grant of bail in FIR No. 34/2020, registered on 02.03.2020 at Police Station Damtal, District Kangra,

H.P. under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short the Act).

Heard learned counsel for the parties and gone through the status reports, filed by the respondent-State.

According to the Status Reports :-

3(i) During routine patrolling at Hill Top Temple, District Kangra, a police party observed certain activities of a person as suspicious. He appeared

baffled while being questioned and in fact, tried to run away from the spot and in that process, cleverly took out something from his pocket and threw

it. Whereafter he was nabbed and inquiries were made. He disclosed his name as Sahil, aged 29 years. His search was carried out, in accordance

with law. The packet/envelope thrown by him was retrieved, which contained brown coloured substance. The drug detection kit confirmed the

recovered article as heroin. It weighed 9.44 gms. on digital scale. This led to registration of FIR against the abovementioned person and he was

accordingly arrested.

3(ii) During investigation, Sahil statedly disclosed about procuring heroin from the bail petitioner. According to the status report, the CDR details

confirmed that Sahil and bail petitioner were in touch with each other on phone for sale and purchase of heroin. As per the status report, main accused

Sahil has been released on bail by the learned Sessions Judge, Dharamshala on 08.05.2020. Challan in the instant case has been presented before the

competent Court of jurisdiction on 29.04.2020. It has also come in the status report that petitioner has since joined the investigation and is cooperating

with the investigating agency. Two cases under the Act i.e. FIR No. 248/2015, dated 09.12.2015 (85 gms. of heroin) and another case bearing FIR

No. 57/2017, dated 01.03.2017 (22.25 gms. of heroin), both registered under Section 21 of the Act at Police Station, Indora are pending against the

petitioner. Petitioner was also stated to be involved in some excise matter(s). However, learned counsel for the petitioner submits that petitioner had

since been acquitted in the excise matter(s), but for one case regarding which an appeal has been preferred by her and sentence has been suspended

in that matter. Learned Additional Advocate General has submitted that in the facts and circumstances of the case, custodial interrogation of petitioner

is not required at this stage.

In view of the facts and circumstances of the case, wherein the main accused has been enlarged on bail and also considering the quantity of

contraband involved, which is of intermediate category, not attracting the rigors of Section 37 of the Act and the fact that custodial interrogation of

petitioner is not required, the present petition is, therefore, allowed and the bail granted to the petitioner on 13.03.2020 is confirmed subject to terms

and conditions stipulated therein. However, one strict condition is imposed upon the petitioner that in case she, in future, is found to be involved in any

offence under the NDPS Act, then the instant bail granted to her is liable to be cancelled on this count.

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 above.

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

A copy of this judgment, duly authenticated by the Secretary, be supplied to learned counsel for the parties, if so requested.