Rama Chauhan vs State of H.P.

Kuldip Singh, Judge

This is an application u/s 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 200/2011 dated 3.9.3011, registered at Police Station, Baddi, District Solan, u/s 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).

It has been stated that as per prosecution the police personnel were on nakabandi near bus stand Baddi, motorcycle No. HR-49B-7493 was stopped and from plastic bag placed on the tank, Ganja weighing 11.200 kilograms was recovered from the petitioner. A case u/s 20 of the Act has been registered at Police Station, Baddi.

The petitioner filed bail application before the learned Special Judge, Solan, which has been dismissed on 20.12.2011. The petitioner was earlier granted bail in Cr.MPM No. 1029/2009 on 31.12.2009. The quantity of ganja allegedly recovered from the petitioner is more than small quantity but less than commercial quantity, hence rigor of section 37 of the Act is not applicable.

The petitioner is innocent. He has been falsely implicated in the case. The petitioner is the sole bread winner of the family. In case bail is not granted to the petitioner, the entire family of the petitioner will starve. The petitioner is ready to furnish bail bonds in accordance with the directions of this court. The prayer has been made for releasing the petitioner on bail.

The bail has been opposed on the basis of status report filed in the case by the respondent. It has been stated that case has been registered on the basis of rukka, which was sent through constable Ram Piara on 3.9.2011. It has been stated that on 3.9.2011 at about 2.00 p.m., the police party was on naka. The motorcycle No. HR-49B-7493 was stopped on naka and a plastic bag was placed on the petrol tank of the motorcycle. The petitioner was driving the motorcycle. On search 11.200 kilograms ganja was recovered from the plastic bag. The sample and sealing was done on the spot. The petitioner could not produce any permit/licence for carrying the contraband. The petitioner was arrested on 3.9.2011. It has been stated that earlier also FIR No. 144/2009, u/s 20 of the Act has been registered against the petitioner when he was found carrying 2.200 kilograms ganja. It has been submitted that petitioner is repeating the offence under the Act, therefore, bail may not be granted to him.

Heard and perused the police file. The petitioner was granted bail in Cr.MPM No. 1029/2009 in FIR No. 144/2009 u/s 20 of the Act when 2.200 kilograms ganja was recovered from him. Now the petitioner has been found carrying 11.200 kilograms ganja and has committed the offence u/s 20 of the Act. The petitioner has misused the liberty granted to him in FIR No. 144/2009 registered at Police Station, Baddi, when he was found carrying 11.200 kilograms ganja in FIR No. 200 dated 3.9.2011, Police Station, Baddi. In case the petitioner is released on bail the possibility cannot be ruled out that he will repeat the offence as he is in the habit of repeating the offence under the Act. The petitioner is not entitled to bail, hence the bail application is rejected.

Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.