Parveen Kumar vs State Of H.P.

Vivek Singh Thakur, J

District Solan, under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as NDPS Act).

Petitioner along with co-accused Ashok Kumar have been arrested on 6.12.2019 for recovery of 52.71 grams of heroin from Ashok Kumar, which is an intermediate quantity, and since then, both accused are behind the bars and as of now, they are in judicial custody.

3.. Status report stands filed.

As per status report, two persons i.e. present petitioner and co-accused Ashok Kumar, were found standing on NH-5 on side of road near patrol pump at Kandaghat and at that time, a vehicle also came on road, which was stopped and two occupants thereof were associated in search and seizure process during investigation and petitioner along with his companion were overpowered and thereafter giving notice under Section 50 of NDPS Act, they were searched.

5 During search, 52.71 grams heroin was recovered from pocket of Ashok Kumar and a syringe along with spoon was recovered from the pocket of pant of present petitioner Parveen Kumar.

After completing the investigation, challan has been presented in Court and now the case has been fixed for consideration on charge on 16th June, 2020. It is also stated in status report that petitioner and co-accused are in habit of consuming chita/heroin.

7 According to status report co-accused Ashok Kumar has also been found involved in another case in case FIR No. 37 of 2019 dated 6.3.2019 under Section 21 of NDPS Act registered in P.S. West Shimla.

8 It is the case of prosecution that heroin was recovered from the pocket of co-accused and the said co-accused is also an accused in case FIR No. 37 of 2019, referred supra, for commission of similar offence. However, no previous history regarding commission of crime by present petitioner has been mentioned in status report. He appears to be first offender. Petitioner and co-accused were on the road and contraband was recovered from co-accused. The petitioner is behind the bars for the last six months and he is stated to be an accused under Section 29 of NDPS Act.

9 Considering the entire facts and circumstances placed before me, I am of the opinion that case of present petitioner is different from co-accused Ashok Kumar and being a first offender, he may be enlarged on bail and no fruitful purpose is going to be served by keeping him behind the bars during pendency of trial and accordingly, he is ordered to be enlarged on bail in present case, subject to furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court within three weeks from today, subject to the following conditions: -

(i). That the petitioner shall make himself available before the trial Court on each and every date 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 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;

(ii). That he shall not obstruct the smooth progress of the trial;

(iii). That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to P.S. Kandaghat, District Solan.

(v). That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected.

(vi). That petitioner shall not misuse his liberty in any manner.

10.. It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also 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.

11.. In case the petitioner violates any condition 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.

12.. 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 18.3.2013. Petition stands disposed of.

13.. Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.

Copy of order be obtained by downloading from the High Court website for production and furnishing bail bonds. Necessity of filing certified copy may not be insisted, however, correctness of order may be verified otherwise.

Registry to transmit a copy of this order to the trial Court through e-mail.