Rinku And Others vs State Of H.P And Others

Ajay Mohan Goel, J

By way of these two petitions filed under Section 439 of the Code of Criminal Procedure, the petitioners have prayed for grant of bail in FIR No. 15/2023, dated 08.02.2023, registered under Sections 21, 25 & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’) at Police Station, Chirgaon, District Shimla, H.P.

The case of the prosecution is that heroin weighing 26.39 grams was recovered in the course of search of the residential premises of accused Sham Lal by a Police Party of Police Station Chirgaon on the night of 7th February, 2023. Thereafter, the petitioners were arrested and they are in custody since then. Learned counsel for the petitioners has submitted that the petitioners are innocent and they have been falsely implicated in the case. He has further submitted that the petitioners have no criminal history of being earlier found indulging in offences relatable to the provisions of the NDPS Act. He further submitted that one of the petitioners is 60 years old, i.e. Sham Lal and the other one is about 37 years old. He further submitted that both the petitioners are local residents of Chirgaon and in the event of their being released on bail, they will abide by all the conditions that may be imposed upon them and taking into consideration the fact that the alleged recovery is of intermediate quantity, the present petitions be allowed and the petitioners be released on bail.

The petitions are opposed by the learned Additional Advocate General, on the ground that as the allegations against the petitioners is of having violated the provisions of the NDPS Act, therefore, it will not be in the interest of justice to release them on bail. Learned Additional Advocate General has drawn the attention of the Court to order dated 27.02.2023, passed by the Court of learned Sessions Judge, Shimla, H.P., in terms whereof, similar applications filed by the petitioners were dismissed by the learned Court below. He has further submitted that as the petitioners have been found indulging in the sale etc. of heroin and further taking into consideration the fact that the investigation is at its initial stage, release of the petitioners at this stage would hamper the investigation and, therefore, the petitions be dismissed.

Having heard learned counsel for the petitioners as well as learned Additional Advocate General and having perused the status report as well as the order passed by the learned Sessions Judge, Shimla while rejecting the applications filed by the petitioners for release on bail, this Court is of the considered view that as the alleged recovery from the premises of the petitioners is of intermediate quantity and further as one of the petitioners is 60 years old and further taking into consideration the fact that none of the petitioners is stated to be having any previous criminal history of being indulged in offences relatable to NDPS Act, it will be in the interest of justice in case the present petition is allowed and the petitioners are ordered to be released on bail. The apprehension expressed by the learned Additional Advocate General can be taken care of by giving liberty to the State that in case the petitioners hamper the course of investigation etc., the State will be at liberty to approach the Court for cancellation of the bail by filing appropriate applications in the present petitions.

Accordingly, the petitions are allowed and the petitioners are ordered to be released on bail in FIR No. 15/2023, dated 08.02.2023, registered under Sections 21, 25 & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’) at Police Station, Chirgaon, District Shimla, H.P., subject to their furnishing bail bonds in the sum of rupees fifty thousand with one surety of the like amount, each, to the satisfaction of concerned Chief Judicial Magistrate/ Additional Chief Judicial Magistrate/Judicial Magistrate First Class. The petitioners shall also abide by the following conditions:-

“(a) They shall 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) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(c) They shall not make any inducement, threat or promise 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) They will not leave the territorial jurisdiction of the Trial Court without the leave of the Court."

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during trial of the case. It is further clarified that in case the petitioners do not comply with the conditions which have been imposed upon them while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of bail. The petitions stand disposed in above terms.

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