Ram Rattan Thakur vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner is accused in FIR No.25/2021, dated 28.01.2021, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances

Act, 1985 (in short ‘NDPS Act’) at Police Station West, District Shimla and as such has preferred the instant petition under Section 439 of the

Code of Criminal Procedure for grant of regular bail.

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

The allegation against the petitioner in nutshell is that on 28.01.2021 at around 4:00 pm, a Police Party while on patrolling duty near Divyanagar,

noticed a person taking out a packet from his right pocket of the lower and throwing it away. The person appeared to be perplexed on noticing the

police party and had started walking at fast pace. Getting suspicious, the police personnel nabbed the person and enquired about his name and address.

The packet thrown by him was retrieved. It was found to be containing some substance, which on the basis of experience of police personnel, was

determined as cannabis. It weighed 272 grams (without envelope) on the electronic scale carried by the police party. The procedure in accordance

with law was followed and the instant FIR was registered and the petitioner was arrested.

Learned counsel for the petitioner submitted that the bail petitioner is not guilty of the offences alleged against him. He raised the plea of false

implication and innocence. He further submitted that investigation in the matter is almost complete. No recovery is to be effected from the petitioner,

who is otherwise a government servant and is a local resident, aged about fifty years. In case of his enlargement on bail, he will not influence the

prosecution witnesses or tamper the prosecution evidence and will abide by all the terms and conditions, which may be imposed upon him by this

Court. Learned Additional Advocate General submitted that in case this Court is inclined to grant bail to the petitioner, then the same be made subject

to stringent conditions.

The quantity of the contraband allegedly recovered from the petitioner is 272 grams of cannabis, which is above the small quantity and below the

commercial quantity and falls under commonly known ‘Intermediate’ quantity. Therefore, rigors of Section 37 of the NDPS Act will not be

attracted. As per the status report, the petitioner has no criminal antecedent. The guilt of the petitioner, if any, is yet to be proved. The investigation in

the matter is almost complete. Considering the fact that the petitioner is a government servant and local resident, in the facts and circumstances, his

further incarceration is not required. Accordingly, the present petition is allowed and the bail petitioner is ordered to be released on bail in the aforesaid

FIR on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one local surety in the like amount to the

satisfaction of the learned trial Court having jurisdiction over the Police Station concerned, subject to the following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

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

(iv). The 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 the petitioner is put to trial, then he 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 is 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. This shall also be considered as a negative factor for

consideration of his future bail application, if any.

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 any of the observations made

hereinabove.

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

Copy dasti.