Parshotam Kumar vs State Of Himachal Pradesh

Vivek Singh Thakur, J

This petition seeking regular bail under Section 439 Criminal Procedure Code (in short Cr.P.C.), has been preferred in case FIR No.194 of 2019, dated 07.12.2019, registered under the provisions of Sections 20 and 29 of the Narcotics Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'NDPS Act'), in Police Station, Chowari, District Chamba, H.P.

Status report stands filed.

As per status report, on 07.12.2019 at about 1.30 PM, petitioner was apprehended alongwith one Haria, by the police party at a place Hatli near Draman Sinhuta, for the reason that both of them were coming together and on seeing police party, Haria had thrown rucksack, carried by him, on the side of the road and, thereafter, both of them had started moving back with fast steps.

According to the status report, bag was being carried by Haria and petitioner Parshotam Kumar was walking alongwith him and on checking 1.572 kilogram of cannabis was found in the bag being carried by Haria, which was taken into possession and after completion of investigation, offence punishable under Sections 20 and 29 of NDPS Act, has been found to have been committed by the accused persons.

According to learned Additional Advocate General, petitioner has been apprehended and made an accused under Section 29 of NDPS Act for the reason that he was walking alongwith the person from whose bag 1.572 kilogram of contraband, which is a commercial quantity, was recovered and, therefore, he is not entitled for bail particularly keeping in view the rigors of Section 37 of NDPS Act.

As per status report, petitioner was arrested on 7. 12.2019 and, he remained in police custody upto 10.12.2019, thereafter, he is in judicial custody. There is no other allegation against the petitioner except that he was walking alongwith the person from whom cannabis has been recovered. Involvement of the petitioner, direct or indirect, is yet to be established by the prosecution during trial. Investigation is complete and challan has been presented in the Court, which has been listed for consideration of charge on 15.07.2020.

In aforesaid facts and circumstances, I find that it is a fit case, where petitioner can be enlarged on bail at this stage. Accordingly, petitioner is directed to be enlarged on bail in case FIR 194 of 2019, under Sections 20 and 29 of NDPS Act, subject to furnishing his personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court/Judicial Magistrate concerned, within two weeks from today, also subject to following further conditions:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

(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 he 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; and

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

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 as deemed necessary in the facts and circumstances of the case and 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.

Trial Court/Judicial Magistrate, 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. Petition stands disposed of in the aforesaid terms.

Copy of order(s) may be obtained from official Website of High Court. Dasti copy on usual terms.