Randhir Singh vs State Of H.P

Vivek Singh Thakur, J

This petition, filed under Section 439 Cr.P.C., has been preferred by petitioner seeking regular bail in case FIR No. 03 of 2020, dated 04.01.2020, registered under Sections 15 of Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ND&PS Act), in Police Station Kot-Kehloor, District Bilaspur, HP.

Petitioner has been arrested on 8th January, 2020 and since then, after remaining in policy custody, he is in judicial custody.

Status report stands filed, wherein it is stated that on 3.1.2020 at about 11.30 PM police party, patrolling on road, had found two trucks parked in front of each other near village Jhiriyan at a bridge and one vehicle bearing registration No. PB-11BX-2500 was found parked on bridge facing towards boundary of State of Punjab. Driver's side rear door of the said vehicle was opened and one person deboarding from truck and another on road were found with apple carton for putting it in vehicle No. PB-11BX-2500 as the said vehicle was in middle of bridge. The police officials had deboarded their vehicle and had proceeded to inquire the matter. On seeing the police party in dress, driver of vehicle No. PB-11BX-2500 had driven the vehicle towards Punjab boundary, whereupon Head Constable had inquired those two persons left on spot, one of them was on road and another was in truck. The person on the road had disclosed his name as Hardeep Singh, whereas another had disclosed his name Manjeet Singh @ Sonu. Both of them got perplexed on inquiry by police and person sitting in truck had jumped from door on other side of the truck and had run away from spot by taking advantage of darkness, and he could not be chased and traced because of bushes and darkness.

Hardeep Singh had also tried to run away from spot after throwing the apple carton on road, but he was apprehended and at that time, Panchayat Pardhan and Member Panchayat had also come on spot and in their presence, apple carton was opened, wherefrom poppystraw was found. Thereafter, every apple carton lying in truck was checked and in those apple cartons, poppystraw was found. On weighing it was found to be 123.800 grams.

During investigation, it was found that petitioner was the person who had run away from spot in vehicle No. PB-11BX-2500 along with some contraband and said vehicle was in name of Amarjeet Singh, who is father of petitioner, and he has executed a Power of Attorney with respect to that vehicle in favour of petitioner Randhir Singh. It is also stated in status report that out of two trucks, petitioner Randhir singh is owner of truck No. PB-13AW-9889 and further that there were no documents available with respect to another truck No. PB-11CB-4525 and real owner of said truck could not be traced yet.

Out of 12 apple cartons, two cartons were recovered from truck No. PB-13AW-9889, whereas 10 apple cartons were recovered from truck No. PB-11CB-4525.

The recovered contraband is much more than commercial quantity of poppy straw i.e. 50 Kg and quantity of recovered poppystraw is 123.800 Kg.

Learned counsel for petitioner has submitted that nothing has been recovered from conscious possession of petitioner and there is no link of petitioner with alleged commission of crime and he has been involved only for the reason that he is owner of truck, whereas, he does not remain in conscious and constant possession of truck for all the time as the same has been handed over to driver engaged by him to drive the truck and therefore, he cannot be held liable for any act done by his driver without any intimation and information to him. He submits that for aforesaid facts, petitioner is entitled for bail.

To substantiate his claim, he has also referred judgment passed by Coordinate Bench of this High Court in Cr.MP(M) No. 1042 of 2020 along with Cr.MP(M) Nos. 1043 and 1045 of 2020.

On perusal of judgment, referred by learned counsel for petitioner, I find that Coordinate Bench has categorically recorded in that judgment that petitioners therein were enlarged on bail in peculiar facts and circumstances of that case. Facts in present case are different than to the facts in those petitions. In present case, petitioner has not only found owner of truck, wherefrom contraband was recovered, but he has also been found present on spot in vehicle No. PB- 11BX- 2500 to which contraband was being transferred from the truck. The said vehicle has also been found in his own control as owner of the said vehicle, who is none but his father, has executed an attorney of vehicle in favour of petitioner. On seeing the police party, petitioner had run away from spot along with some contraband. Therefore, judgment passed in Cr.MP(M) No. 1042 of 2020 is of no help to petitioner.

Drug addiction has become one of major curse in society, which causes dissolution of human personality and promotes conditions for various forms of human degradation, consequently increasing crime and lawlessness and for this reason only, ND&PS Act has been enacted with stringent provisions, wherein adverse onus has also been put up on accused to prove contrary to prosecution case.

Without commenting upon merits of case and considering the nature and gravity of offence particularly quantum of contraband recovered, surrounding circumstances and also impact of offence on society, I am of the considered view that at this stage, petitioner is not entitled for bail and accordingly, present petition is dismissed being devoid of merits.

Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application.