Rasham Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner is an accused in FIR No.63/2020, dated 23.05.2020, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (in short ‘NDPS Act’) at Police Station Dharampur, District Solan, 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.

The case against the petitioner is that a Police Party while on patrolling duty near Police Station Dharampur on 23.05.2020 at around 7:45 pm,

stopped a Truck bearing No.HP-92-5661, coming from Parwanoo side and going towards Solan. The truck was occupied by two persons, one Driver

namely Ishwar Singh and the other bail petitioner, who was not wearing footwear. His shoes and socks were lying nearby. Getting suspicious, search

of the vehicle was carried out in accordance with the procedure prescribed in law, which yielded recovery of contraband heroin from a polythene kept

inside the socks. On measuring on digital electronic weighing machine, the contraband alongwith polythene was found to be 22.48 grams. The

procedure in accordance with law was complied with, leading to registration of the FIR in question. The bail petitioner & the Driver of the truck in

question were arrested on 24.05.2020. It has further come in the status report that during investigations, the truck driver as well as the bail petitioner

disclosed that the contraband was purchased by them for self use from some unknown truck driver.

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 case is complete and the challan stands already presented before the learned

District & Sessions Judge, Solan on 18.07.2020. Therefore, further incarceration of the bail petitioner, who is in custody w.e.f. 24.05.2020, is not

required in the facts and circumstances of the case. It is further submitted that the petitioner will neither hamper the trial nor he will temper the

prosecution evidence in any manner and will abide by all the conditions imposed upon him by this Court in case of grant of bail. Learned Additional

Advocate General opposed the grant of bail on the ground that the petitioner was earlier also involved in FIR No.177 of 2018, registered against him

on 05.12.2018 at Police Station Rampur, District Shimla, under Section 21 of the NDPS Act.

The quantity of the contraband allegedly recovered from the petitioner is 22.48 grams of heroin, which falls in the commonly known ‘Intermediate

Category’. Therefore, rigors of Section 37 of the NDPS Act will not be attracted. According to the status report, the petitioner is not a drug

peddler, rather a drug addict. Previous case pointed out by the learned Additional Advocate General registered against the petitioner pertains to his

alleged possession of four grams of heroin, which is less than small quantity notified under the NDPS Act. However, to ensure that the petitioner does

not indulge in similar activities in future, a strict condition is hereby imposed upon him that in case in future, he is found to be involved in any FIR under

the NDPS Act, then the instant bail is liable to be cancelled and this shall also be considered as a negative factor for consideration of his future bail

application(s), if any. Challan in the instant case stands already presented before the Court of competent jurisdiction on 18.07.2020. Petitioner aged 22

years is a resident of Kotadhar, Post Office Kharan, Tehsil Nankhari, District Shimla. Therefore, his presence can be secured in the trial. Bail

petitioner is in custody w.e.f. 24.05.2020 and nothing is to be recovered from him. Trial of the case will take sufficient time and the petitioner cannot

be kept behind the bars for an indefinite period. 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.50,000/- (Rupees Fifty 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.

Authenticated copy be also supplied to learned counsel for the parties by the Secretary.

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