Pramod Kumar vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release in case

FIR No. 06/2020, dated 03.02.2020, under Section 21 of Narcotic Drugs and Psychotropic Substances Act (for short “ND & PS Actâ€​), registered

in Police Station Puruwala, District Sirmaur, H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is resident of

the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by

keeping him behind the bars for an unlimited period, so he be released on bail.

Police report stands filed. The prosecution story, as emanates from the records, is that on 03.02.2020, around 2:35 p.m., a police party was on

routine patrol duty and present at Shyampur, where they got a secret tipÂoff that the petitioner herein is indulged in the business of illicit drugs and he

has kept the same in his house. In case a raid is being conducted, huge amount of drugs can be recovered. As the Court was far away from the place

where the raid was to be conducted, the police party did not procure the search warrant, as there was possibility of drugs’ being relocated, so,

information under Section 42(2) of ND & PS Act was prepared and sent to the quarter concerned. Police associated the independent witnesses, in

whose presence the house of the petitioner was got searched. During search, when drawer of dressing table adjoining to bed in the bedroom was

opened and checked it was found to have kept hiding transparent polythene bag containing contraband (143 capsules of Parvan Spas Plus, 8 capsules

of Pyeeon Spas Plus, 20 tablets of Tramadol and 333 tablets of Alprazolam), qua which, the petitioner has failed to produce any valid permit/licence.

Thereafter, all codal formalities were completed and investigation was ensued. Consequently, FIR No. 06/2020, dated 03.02.2020, under Section 21 of

ND & PS Act, came to be registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner

is involved in a serious offence, and there is every possibility that in case at this stage he is enlarged on bail, he may flee from justice and tamper with

the prosecution witnesses.

I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the

police report, carefully.

The learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case and moreso, even the

contraband, alleged to have been recovered, is only of intermediate quantity. He has further argued that the petitioner is the sole bread earner of the

family and has two small daughters and his wife is also not keeping a good health and there is no male member in the family to look after them. He

has argued that the petitioner is behind the Bars for almost last one and half years and cannot be kept behind the Bars for an unlimited period, so the

present bail application be allowed and the petitioner be released on bail.

On the other hand, learned Additional Advocate General has argued that the petitioner was found involved in the illicit business of drugs, as such, he

has committed a serious crime and in case, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so the

bail application of the petitioner may be dismissed.

At this stage, taking into consideration the quantity of the contraband, alleged to have been recovered, i.e. intermediate quantity, the fact that the the

petitioner is sole bread earner of the family and his wife is not keeping a good health, the fact that the petitioner is behind the bars for almost last one

and half years, the fact that the petitioner is permanent resident of District Sirmaur and neither in a position to tamper with the prosecution evidence

nor in a position to flee from justice, the petitioner is ready and willing to abide by the conditions of bail, if granted. So considering the overall facts,

which have come on record, and without discussing them elaborately at this stage and also the fact that the petitioner cannot be kept behind the bars

for an unlimited period, this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be

exercised in his favour. Accordingly, the present petition is allowed and it is ordered that the petitioner, who has been arrested by the police, in case

FIR No. 06/2020, dated 03.02.2020, under Section 21 of Narcotic ND & PS Act, registered in Police Station Puruwala, District Sirmaur, H.P., shall be

released on bail forthwith, in this case, subject to his furnishing personal bond in the sum of Rs.25,000/Â (rupees twenty five thousand) with one surety

in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions:

i. That the petitioner will join investigation of case as and when called for by the Investigating Officer in accordance with law= and will

appear before the Court.

ii. That the petitioner will not leave India without prior permission of the Court.

iii. That the petitioner will 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 the Investigating Officer or Court.

In view of the above, the petition is disposed of.

Copy dasti.