Rajeev Sharma vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner is seeking regular bail in FIR No. 89/2020 registered under Sections 20, 21 and 29 of Narcotic Psychotropic Substance Act (in short

‘NDPS Act’) on 11.7.2020 at Police Station, Dharampur, District Solan, Himachal Pradesh.

Heard learned counsel for the parties and gone through the status report.

3(i) The prosecution case against the petitioner in nut shell is that a police patrolling party was on routine traffic checking duty at Zero point Lohanji on

11.7.2020. At around 4:30 P.M., the patrolling party stopped an I-20 vehicle bearing No. DL1CAC-2545 coming from Nahan towards Kumarhatti.

The vehicle was occupied by four young men who appeared perplexed on seeing the police party. They gave their identities. Two of them were from

district Sirmour and the other two were from Delhi. The vehicle was being driven by one Tarun Singh Chauhan, resident of Tehsil Pachhad, District

Sirmour. The petitioner was sitting on the back seat. Checking of the vehicle in accordance with law led to recovery of 8.05 grams of Heroin and 3.47

grams of Cannabis from a drawer near to the driver's side window. This recovery led to registration of instant FIR.

3(ii) According to the status report, during investigation, it emerged that one of the occupants of the vehicle Pratham Chawla was friend of one

Abhishek. Said Shri Abshishek statedly had been consuming Heroin for past about five months. On 10.7.2020 Pratham informed his friend Tarun that

he (Pratham) alongwith Abhishek would be coming to Solan whereafter Tarun requested Pratham to bring Heroin for him (Tarun) as well. It has

further come in the status report that Heroin was statedly purchased from some unknown person of Nigerian nationality in Pacific Mall, Delhi against

`8000/-. On 10.7.2020 Pratham and Abhishek travelled from Delhi in their vehicle No. DL1CAC-2545 and reached Solan at around 7:30 P.M. where

they met Tarun alongwith Rajeev Sharma (bail petitioner). All four consumed Heroin, whereafter petitioner and Tarun went to their respective homes

leaving behind Pratham and Abhishek who slept in the vehicle. According to the status report, the next day i.e. on 11.7.2020 all four went in this very

vehicle to Sarahan temple. On their return journey, they met an un-identified person taking opium through ‘bidi’ (Tobacco leaf), from whom

they purchased cannabis against cash payment of `1500/-. Afterwards the vehicle was intercepted by the patrolling party. According to the status

report during investigation all four occupants of the vehicle had stated that Heroin in question was purchased from an unknown person of Nigerian

nationality in Delhi and Cannabis in question was purchased from an unknown person near Sarahan. It has also been mentioned in the status report

that all four occupants of the vehicle are drug addicts, who had purchased the contraband for their own use.

Learned Senior Counsel for the petitioner submitted that the petitioner was not guilty of offence alleged against him. He is a student of B.A. IInd

Year in Government Degree College, Solan and is in custody w.e.f. 12.7.2020. His entire career is at stake. Learned Senior Counsel further submitted

that there is no criminal history of the petitioner whatsoever. Keeping the petitioner behind bars any further will adversely affect his career, therefore,

he deserves to given one chance to improve himself. Learned Additional Advocate General opposed the grant of bail on the ground that contraband

was recovered from the vehicle occupied by the petitioner and that use of Contraband and such incidents adversely impact the society.

Petitioner was occupying back seat of the vehicle, from which the contraband was recovered. The recovery was effected from a drawer near the

driver’s side window. The weight of the recovered contraband was 8.05 grams (Heroin) and 3.07 grams(Cannabis). The cannabis recovered from

the vehicle is below small quantity notified under the NDPS Act and quantity of the Heroin recovered from the vehicle though belongs to intermediate

category but is near to small quantity of 5.00 grams notified under the NDPS Act. Therefore, the provisions of Section 37 of the NDPS Act will not

be attracted. Status report refers the petitioner as a drug addict and not drug peddler. The report does not indicate any previous criminal history of the

petitioner. Petitioner is a student of B.A. Second year at Government Degree College, Solan, therefore, considering above aspects, one opportunity

can be granted to him to improve himself and to mend his ways with strict condition that in case in future he is found to be involved in any offence

under the NDPS Act, then this bail is liable to cancelled and it shall also be considered as a negative factor for consideration of his future bail

applications, if any. Petitioner is resident of village Dharavali, Post Office, Sarsu, Tehsil Pachhad, District Sirmour, therefore, his presence can be

ensured in the trial. Accordingly, the present bail petition is allowed. Petitioner is ordered to be released on bail on his furnishing personal bond of Rs.

50,000/- with one local surety in the like amount to the satisfaction of learned trial Court having jurisdiction over the concerned Police Station, subject

to the following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully

cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner will not leave India without prior permission of the Court.

(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the

facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in

the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Number, if any

(vii) It is made clear that in case the petitioner arraigned as an accused in future, in any FIR under NDPS Act, then this bail is liable to be cancelled. It

is open for the Investigating Agency to move appropriate application in that regard and that fact will also be considered as a negative factor in future

bail application(s) of the petitioner.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of

the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an

opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

The parties shall not insist upon for obtaining certified copy of this order and shall download the same from the website of the High Court. However,

the Registry is directed to send copy of this order to learned counsel for the parties through email subject to furnishing email addresses by them, if so

required.

Authenticated copy of this judgment duly authenticated by the Secretary be supplied to learned counsel for the parties, if so requested.