Ram Lal vs State of Himachal Pradesh

Tarlok Singh Chauhan, J.—This is an application filed on behalf of the accused, under section 439 Cr.P.C., for granting bail in FIR No. 12 of 2014, dated 9.2.2014 registered against the petitioner with Police Station, Nerwa, District Shimla, under sections 21, 22 and 29 of Narcotic Drugs and Psychotropic Substances Act (for short: NDPS Act).

I have gone through the police report and find that prosecution case is that on 9.2.2014 at about 2.15 p.m. at place Bathal, a raiding party headed by SI/ SHO Jasvir Singh alongwith H.C. Virender Sharma, Constable Pankaj Kumar and HHC Basrat Singh were on routine patrol duty, when they spotted a car bearing registration No. HP-08C-0204 coming towards Nerwa. On seeing the police party, the occupants of the car alighted therefrom and threw certain articles in the bushes. On suspicion, the vehicle was stopped and checked. The investigating agency rushed to the spot where the articles were thrown. There were 110 bottles of Rexcof 100 ml. each ''CIPLA'' make recovered and taken into custody vide separate memo.

There were two occupants of the car, namely Dhanvir alias Sanju and Akshay, who during the course of investigation revealed that they had purchased these 110 bottles of Rexcof on payment of Rs. 9000/- from the petitioner, who was residing at Attal, Uttrakhand.

Mr. Verma, learned Additional Advocate General has submitted that petitioner is guilty of a serious offence, and, therefore, ought not to be released on bail. On the other hand, Sh. Balbir Singh Chauhan, learned counsel for the bail petitioner has argued that petitioner has nothing to do with the case and has been falsely implicated at the instance of accused Dhanvir alias Sanju and Akshay and some local persons, who are inimical towards the petitioner because of his hard work in the agricultural side.

It has further been submitted that quantity of "Codeine" a narcotic drug in 110 recovered bottles works out to be about 25 grams approximately. In terms of notification issued by the Central Government in exercise of the powers vested in it under clause (VII-A) and (XXIII-A) of Section 2 of the Act, in the case of Narcotic drug codeine small quantity is 10 grams, whereas commercial quantity is 1 kg. and above. The quantity recovered from the petitioner therefore being 25 grams is little more than small quantity and less than commercial quantity. The rigor of Section 37 of the Act, therefore, is not applicable in this case. In so far as the question of quantity of codeine is concerned, I am not impressed by the arguments raised by the petitioner.

The offence for violation of NDPS Act is an offence against the society as a whole and this court cannot be unmindful of adverse effect of codeine, which is otherwise readily available in the market and is having adverse effect in the society, more particularly, the school going children, irrespective of their gender and age. It is unfortunate that persons indulging in such trade have targeted this section of the society, which otherwise is more vulnerable and easily attracted to the use of drugs. In so far as the complicity of the petitioner is concerned, the same cannot be equated with that of other co-accused, namely Dhanvir alias Sanju and Akshay and it was from Dhanvir alias Sanju and Akshay that contraband is alleged to have been recovered. It is only from the statement of these two accused that name of petitioner has surfaced and he has been arrayed as an accused.

Even during the further course of investigation, the prosecution has not found anything incriminating from the petitioner. The investigation is complete. The petitioner is a resident of village Kandal, P.O. Tikkri, Sub Tehsil Nerwa, Distt. Shimla and is also having a landed property at Attal and can be reasonably believed to be having roots in the society, as such, there is remote possibility of his fleeing away from justice or jumping over the bail, which as a matter of fact, is one of the paramount consideration while considering the application of present nature. The movement of the petitioner can otherwise be restricted by imposing upon him stern and suitable conditions while admitting him on bail.

Therefore, the present petition is allowed. The bail petitioner, who has been arrested in FIR No. 12 of 2014, dated 9.2.2014, registered against the petitioner with Police Station, Nerwa, District Shimla, under sections 21, 22 and 29 of Narcotic Drugs and Psychotropic Substances Act (for short: NDPS Act) shall be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- with one surety of the like amount to the satisfaction of learned Judicial Magistrate, Chopal, District Shimla, which however, shall be subject to the following conditions:-

That he shall:

(a) make himself available for the purpose of interrogation as and when required and shall cooperate with the investigating officer to conduct the investigation in a manner so as to take it to its logical end and he shall regularly attend the trial court on each and every hearing, if prevented by any reason to do so, seek exempted from appearance by filing appropriate application;

(b) not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever,

(c) not make any inducement, threat or promises to any persons acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or the police Officer; and

(d) not leave the territory of India without the prior permission of the Court.

It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. The learned Judicial Magistrate, Chopal, District Shimla, H.P. is directed to comply with the directions issued by the High Court vide communication No. HHC.VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013.

Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial court shall decide the matter uninfluenced by any observation made hereinabove.

Petition stands disposed of. Copy dasti.