Pawan Kumar vs State of H.P.

Surinder Singh, J.—Petitioner is involved u/s 20 of the Narcotic Drugs and Psychotropic Substances Act 1985 in short, ''the Act'' in FIR No. 60 of 2010 registered on 6th August, 2010 in Police Station Darlaghat. Presently he is lodged in Judicial custody.

The challan has been presented in the Court for his trial. The petitioner was refused bail by the learned trial Court as such moved the instant application u/s 439 of the Code of Criminal Procedure, for his enlargement on bail.

Precisely, case of the prosecution is that on 5th August, 2010 at about 8.40 p.m., Police party headed by S.I. S.H.O., just before Darlaghat intercepted a Indica Car bearing registration No. HP52-A-4080 coming from Shimla side. On seeing the police party, petitioner herein alighted from the said vehicle and tried to escape with a bag in his hand. The driver of the Indica Car, namely, Krishan lal along with Gita Ram, the another occupant of the vehicle, sped-away with the vehicle towards Darla-More.

Petitioner was apprehended by the Police party. On checking, about 2kg 600 grams of charas was recovered. Sampling process was completed on the spot. Petitioner was arrested. Case property was deposited in the Malkhana and sample sent for the forensic science examination. Its result was positive for charas, containing 35.51% of resin content of cannabis plant which comes to approximately 923 grams which is "non-commercial" quantity. Therefore, rigours of Section 37 of the Act shall not apply in the instant case.

Therefore, the case of the petitioner has to be approached and decided, for bail on its general principles. Petitioner is a local resident of Tehsil Sunni, District Shimla. He has roots in the society. The learned Additional Advocate General states at the Bar that as per the report of the Police, petitioner is not involved in a similar case or in any other criminal case, but he objected to the grant of bail to the petitioner as there is possibility of carrying on the same activity by him. The reason for such an apprehension, has not been brought before this Court.

Keeping in view the facts and circumstances of the case and also the possibility of the petitioner not fleeing from the justice, suffice it to say that the petitioner has a case for a conditional bail.As such instant petition for bail is allowed.Thus it is ordered that the petitioner be released on bail on his furnishing bail bonds in the sum of rupees one lacs with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Solan and this bail shall be subject to the conditions that the petitioner:

(a) shall present himself in the court and to the Investigating Officer as and when required to do so, in this case;

(b) shall not tamper with the prosecution evidence in any manner;

(c) shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer.

(d) Shall not involve himself in a similar offence, in future;

Needless to say in case he commits any breach of any of the conditions above, the liberty of bail shall be cancelled.

Any observation, made hereinabove is strictly for the disposal of this bail petition and shall not mean any expression on the merits of the case.

The matter is fixed before the learned Sessions Judge on 4.11.2010.Petitioner, in case petitioner furnishes bail bonds before that date, he shall present himself before the learned Sessions Judge on the date aforesaid, in the trial case.

Let an authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Solan forthwith for his information and necessary action at his end. After accepting and attesting the bail bonds, it shall be sent to the concerned Court pending trial, for records.

Urgent copy be supplied to the counsel for the petitioner, if applied for, as per rules. The application stands disposed of.