Punam Pun Rai vs State Of Himachal Pradesh

Virender Singh, J

Applicant-Punam Puri Rai has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the 'CrPC'), with a prayer to release her on bail, during the pendency of trial, in case FIR No. 64 of 2023, dated 23rd June, 2023, registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Dharampur, District Solan, H.P.

According to the applicant, she is an innocent person and has falsely been implicated, in the present case.

It is the case of the applicant that she is neither connected nor concerned with the commission of the alleged offences.

As per the applicant, the challan, in the present case, has been filed before the Competent Court of Law and nothing is to be recovered from her and as such, no useful purpose would be served by keeping her in the judicial custody, for indefinite period.

Applicant has also tried his luck before the learned Special Judge-II, Solan, District Solan, H.P., by moving Bail Application No. 160-S/22 of 2023, which was dismissed, vide order, dated 6th December, 2023.

Learned counsel appearing for the applicant has submitted that even, on the ground of parity, the applicant is entitled to be released on bail, as her co-accused, namely Rakesh Kumar, has already been released on bail, by this Court, vide order, dated 24th November, 2023, passed in CrMP (M) No. 1755 of 2023, titled as Rakesh Kumar versus State of H.P.

Apart from this, Mr. Sanjay Bhardwaj, learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.

On the basis of the above facts, a prayer has been made to allow the application.

When put to notice, the police has filed the status report, disclosing therein, that SI Prem Singh has submitted a rukka to Police Station Dharampur, through HHC Jagat Ram, disclosing therein that on 22nd June, 2023, at about 10.55 p.m, he along-with other police officials, was on patrolling duty and when, he was present near Naya Nagar Shiv Temple Road, he received a secret information with regard to the indulgence of accused-Rakesh Kumar in the business of selling charas.

9.1. After the said information, he has complied with provisions of Section 42(2) of the NDPS Act and submitted the information to the SDPO, Parwanoo, Solan. Two independent witnesses, namely, Anjula Bhandari, w/o Vijender Kumar Bhandari and Sandeep Gurang, S/o Shri Vijay Parkash were associated.

9.2. At about 12.05 a.m (mid night) on 23rd June, 2023, the accused-Rakesh Kumar was nabbed and from his possession, alleged contraband, i.e., charas weighing 960 grams was recovered.

9.3. The contraband, so recovered, was taken into possession. The other codal formalities were completed and the FIR in question was registered. The contraband, so recovered, was sent to SFSL, Junga, for chemical analysis, from where, positive result has been received.

9.4. It is the case of the police that during investigation, accused-Rakesh Kumar has disclosed that the lady, who has delivered charas at Naya Nagar, Subathu, is Punam (applicant). Applicant-Punam was arrested from Delhi in FIR No. 67 of 2023. During interrogation, applicant-Punam has admitted that accused-Rakesh Kumar is known to her and on demand, she used to deliver charas to accused-Rakesh Kumar, who used to pay her in cash.

9.5. It has been mentioned in the status report that the investigation in the present case is complete and the challan has been submitted in the Court of learned Special Judge, Solan.

9.6. Apart from this, according to the status report, one another case has been registered against the applicant, the details of which, as mentioned in the status report, are as under:

Case FIR No. 67/23, dated 26.06.2023 registered under Section 20 of the NDPS Act, with Police Station Dharampur.

On the basis of above facts, a prayer has been made to dismiss the application.

Heard.

The contraband, allegedly recovered, in the present case, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case.

Moreover, the role, allegedly, played by the applicant, will be proved during the course of trial. The bail application cannot be rejected merely as a matter of punishment, as, pre-trial punishment is prohibited under the law.

The investigation, in the present case, is complete and this fact can be deduced from the stand of the police according to which, the report under Section 173(2) Cr.P.C. has been prepared and submitted, which is pending adjudication before the learned Special Judge, Solan.

The applicant is in judicial custody, as such, it can be said that her custodial interrogation is no longer required by the police. The chances of commencement and conclusion of trial against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for the indefinite period.

As regards the registration of another case, against the applicant, this fact is too short to decline the relief to the applicant, as, admittedly, no conviction has been inflicted upon the applicant by the competent Court of law. Mere registration of case does not take away the presumption of innocence, which is still available to the applicant.

So far as the apprehension of the police that the applicant is resident of Nepal and in case, she is released on bail, she may not be available for trial, for such apprehension, stringent conditions can be imposed, in case, she is ordered to be released on bail.

Moreover, the applicant is also entitled for grant of bail on the basis of parity, as her co-accused, namely, Rakesh Kumar, has already been released on bail, by this Court, vide order, dated 24th November, 2023, passed in CrMP (M) No. 1755 of 2023, titled as Rakesh Kumar versus State of H.P.

Considering all these facts, especially the fact that the investigation, in the present case, is complete and the challan has been filed, this Court is of the view that the bail application deserves to be allowed and is accordingly allowed.

Consequently, the applicant is ordered to be released on bail in case in case FIR No. 64 of 2023, dated 23rd June, 2023, registered with Police Station Dharampur, District Solan, H.P., under Sections 20 and 29 of NDPS Act, on her furnishing personal bail bond, in the sum of Rs. 1,00,000/-, with two sureties, each of the like amount, to the satisfaction of the learned trial Court. This order, however, shall be subject to the following conditions:

a) The applicant shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

d) The applicant shall not leave the territory of India without the prior permission of the Court.

Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant.

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Solan, through e-mail, with a direction to enter the date of grant of bail in the e-prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Solan, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, District Jail, Solan, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.