Rakesh Kumar vs State Of H.P

Vivek Singh Thakur, J

Petitioner has approached this Court seeking regular bail in case FIR No. 51 of 2022, dated 9.3.2022, registered under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”) in Police Station Sadar Solan, District Solan, H.P.

Status report stands filed. Record was also made available.

As per prosecution case, Police party, on patrolling and traffic checking on 9.3.2022 at about 2:40 P.M., received a reliable information from a trustworthy informer that petitioner Rakesh Kumar and his friend Mehar Singh, residents of Kasauli, sitting in Rain Shelter at Rebon on Four-Lane road, were doing business of sale and purchase of Chitta/Heroin. For having reliable information, information under Section 42 (2) of NDPS Act was sent to superior Officer and an auto driver Dinesh Sharma was associated in search and seizure and at about 3:05 P.M., police party reached at Rubbon Rain Shelter where two persons, sitting on the bench, became perplexed on seeing the Police party and petitioner Rakesh Kumar, stealthily threw something on the floor and tried to hide it under his shoe, whereupon petitioner was asked to remove his foot, kept on the article thrown by him on the floor and thereupon a transparent pouch having white coloured substance therein, was recovered. The substance in the pouch, on testing through Drug Deduction Kit was found to be Chitta/Heroin. On weighing on digital machine, it was found to be 5.67 grams. By completing search and seizure according to prescribed procedure, FIR was registered on the basis of rukka sent to the Police Station and petitioner alongwith Mehar Singh was arrested. After remaining in Police custody, accused was remanded to judicial custody.

During interrogation, according to status report, Rakesh Kumar disclosed that due to unemployment he involved in trade of illegal sale of liquor, but since last two years he started business of supply of Chitta, and after purchasing Chitta from truck divers at Parwanoo, he alongwith co-accused Mehar Singh used to sell it at Solan, but he was not knowing much about the identity of truck drivers. As per status report, Call Details Report of both accused was taken and examined thoroughly, but no material could be elucidated therefrom. As per status report, petitioner was found involved in number of cases during period 1998 to 2019 and most of those cases were under the Excise Act.

It has been submitted on behalf of petitioner that quantity of contraband recovered from the petitioner is slightly above than small quantity and co-accused Mehar Singh has been enlarged on bail by the Special Judge, Solan on 5.5.2022, whereas petitioner is behind the bars since last 6 months and there is no other case against him under NDPS Act and in most of Excise cases he has been acquitted and further that in present case, for registration of cases under Excise Act in the past, petitioner cannot be incarcerated without trial.

Learned Deputy Advocate General has submitted that petitioner has been found involved in commission of offence having serious adverse impact not only on individual, but society at large and, therefore, he is not entitled for bail.

Without commenting upon merits of the case, but taking into consideration material placed before me and taking note of factors and parameters required to be considered at the time of adjudication of bail as propounded  by  the  Courts  including  the  Supreme  Court,  I  am  of  the  considered opinion that at this stage petitioner may be enlarged on bail.

Accordingly, petitioner is ordered to be enlarged on bail on furnishing personal bond in the sum of  Rs.1,00,000/- with one surety in the like amount, to the satisfaction of trial Court and upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to assure presence of the petitioner at the time of trial:-

(i) That the petitioner shall join the investigation and attend the Court as and when directed to do so by the Investigating Agency/Court;

(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/her 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;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that the petitioner shall keep on informing about the change in address, landline number and/or mobile number, if any, for their availability to Police and/or during trial;

(viii) the petitioner shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner, enlarged on bail, as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be 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.

In case the petitioner violates any conditions 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.

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 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

The parties are permitted to produce copy of order downloaded from the High Court website and trial Court shall not insist for certified copy of the order, however, if required, passing of order can be verified from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.