Ram Nath vs State of H.P.

Dharam Chand Chaudhary, J.—Heard. The record produced by the Investigating Officer, SI, Raju reveals that the accused-petitioner has been arrested on 27.07.2013 in connection with a case registered against him u/s 15-61-85 of Narcotic Drugs and Psychotropic Substances Act, 1985 vide FIR No. 153 of 2013 in Police Station Nalagarh, district Solan.

The allegations against the accused-petitioner as revealed from the record, in a nutshell, are that on secret information received, when a police party headed by Sub Inspector, Raju on 27.7.2013 raided the residential house of accused-petitioner at village Dhallan, Tehsil Nalagarh, District Solan, poppy straw weighing 1 Kg. 300 gms. was recovered from the boundary of a field belonging to him and adjoining to the Courtyard of his residential house.

It is canvassed that that the field of accused adjoining to courtyard being an open place can reasonably be believed to be accessible by other persons including his family members and, as such, the present is not a case of recovery of the contraband allegedly poppy straw from the conscious and exclusive possession of the accused-petitioner alone.

On the other hand, learned Additional Advocate General has strenuously contended that taking into consideration the past criminal history and the involvement of the accused-petitioner in the commission of same and similar offence, he is not entitled to be released on bail.

The present is a case of recovery of the contraband, allegedly poppy straw greater than smaller quantity, however, lesser than commercial quantity. In the Act, there is provision of imposing the sentence of rigorous imprisonment up to 10 years and also the fine against the petitioner in the event of he is held guilty by the competent Court for the commission of an offence of this nature, of course, after holding the full trial.

The investigation in this case is almost complete and the challan which stands prepared is likely to be filed shortly in the Court. The accused-petitioner belongs to Tehsil Nalagarh and, as such, he is permanent resident of district Solan. No doubt, he is involved in the commission of similar offence, i.e. recovery of poppy straw earlier also and has been booked by the police of Police Station, Panchkula vide FIR No. 116 of 2005 and by the police of Police Station, Nalagarh vide FIR No. 135 of 2012. He, however, has not been held yet guilty in either case so registered against him. In this case, he is in custody from the date of registration of FIR, i.e. 27.7.2013. He is no more required for the purpose of interrogation. So far as his presence during the trial is concerned, he is permanent resident of district Solan and it can reasonably be believed that he will associate himself during the course of trial and not abscond or flee away from justice.

I, therefore, allow this application and order that the accused-petitioner, who has been arrested in connection with a case registered against him u/s 15-61-85 of the Act vide FIR No. 153 of 2013 in Police Station, Nalagarh, if not required in any other case, be released on bail subject to his furnishing personal bond in the sum of Rs. 50,000/- with two local sureties each in the like amount to the satisfaction of learned Judicial Magistrate, Nalagarh and further abide by the following conditions:

(a) he 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) he shall 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 person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and

(d) he shall 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. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone.

The application stands accordingly disposed of. Copy dasti.