Ruby vs State Of H.P

Virender Singh, J

Applicant-Ruby, has filed the present bail application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’), for releasing her, on bail in case F.I.R. No. 70/2022, dated 19.04.2022, registered under Sections 21, 25-61 and 85 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Damtal, District Kangra, H.P.

According to the averments made in the bail application, it has been pleaded that the applicant has been falsely implicated in the present case, as she has nothing to do with the contraband. She has also submitted that she is ready to abide by any condition(s) imposed by this Court, in case, she is ordered to be released on bail.

On the basis of averments made in the application, learned counsel appearing on behalf of the applicant, has given certain undertakings, for which the applicnat is ready to abide by, in case, she is released on bail.

On all these submissions, a prayer has been made to release her on bail.

When put on notice, the police has filed status report, disclosing therein, that on 19.04.2022, HC Vipin Kumar, I.O. Narcotic Cell Nurupr, has sent a rukka to police Station for registration of F.I.R., disclosing therein that on 19.04.2022, when he alongwith other police official, was present in the area of Damtal, at about 11:40 a.m. when I.O. alongwith other police officials, was present at an open ground near Village Channi and was on patrolling duty, then, he noticed one motorcyclist, who on seeing the police party, had thrown a packet near the heap of bricks. The activities of the motorcyclist raised a suspicion in the mind of I.O. As such, the said person was nabbed by the police and when enquiry was made by the police from him about the thing, which he had thrown away, then, he could not give any satisfactory answer. Two independent witnesses were associated and on enquiry, he disclosed his name as Aman Verma son of Jeevan Verma, resident of Village and Post Office Bhadoya, Teshil Indora, District Kangra. Thereafter, said polythene was opened and on opening the same, it was found containing heroin. On weighment, the same was 21.43 grams. Other codal formalities were completed on the spot.

It is the further case of the police that during investigation, when registered owner of the motorcycle bearing No. PB06-AU-0807 was ascertained, then the motorcycle was found to be registered in the name of applicant-Ruby, wife of Sh. Ajay Kumar, resident of Paniyad Done, Tehsil Gurdaspur, District Punjab at present resident of Village and Post Office Chhanni, Tehsil Indora, District Kangra, H.P. On 16.06.2022, the applicant was arrested in this case.

As per status report, following cases have been registered against the applicant:-

Case F.I.R. No. 169 of 2018, dated 06.09.2018, under Sections 21, 29-61-85 of NDPS Act, Police Station Damtal, District Kangra, H.P.

Case F.I.R. No. 197 of 2020, dated 25.12.2020, under Sections 21, 29-61-85 of NDPS Act, Police Station Damtal, District Kangra, H.P.

Case F.I.R. No. 93 of 2022, dated 20.05.2022, under Sections 21-61-85 of NDPS Act, Police Station Damtal, District Kangra, H.P.

Case F.I.R. No. 48 of 2019, dated 20.11.2019, under Sections 21, 29-61-85 of NDPS Act, Police Station Nangalbhur, District Phathankot, Punjab.

Case F.I.R. No. 38 of 2021, dated 13.05.2021, under Sections 21, 29-61-85 of NDPS Act, Police Station Bharampur, District Gurdaspur, Punjab,

Case F.I.R. No. 04 of 2022, dated 24.01.2022, under Sections 21, 29-61-85 of NDPS Act, Police Station Nangalbhur, District Phathankot, Punjab.

Lastly, in the status report it has been apprehended that in case, the applicant is released on bail, she may not be available for trial and may allure the witnesses, not to depose against her and she may again indulge in the same activities.

On these submissions, a prayer has been made to dismiss the bail application.

Heard.

Admittedly, the contraband allegedly recovered, in this case, does not fall within the definition of ‘commercial quantity’, as such rigors of Section 37 of the NDPS Act are not applicable, in this case.

Once, it has been held that rigors of Section 37 of the NDPS Act are not applicable in this case, then the presumption of innocence is still available to the applicant, as the bail application cannot be rejected as a matter of punishment. Pre-trial punishment is prohibited under the law. The trial of the accused will take sufficient long time and no useful purpose would be served by keeping him in judicial custody. Although, aforesaid six cases of NDPS Act have been registered against the applicant, but all the cases are pending for adjudication.

At the time of deciding the bail application, the Court should refrain from discussing the case of the prosecution in detail, as, the same would cause prejudice to the case of the prosecution or the defence.

So far as the registration of the cases is concerned, this fact is also not sufficient to take away the presumption of innocence, as admittedly, in none of the cases punishment has been awarded to the bail-applicant. Mere registration of above mentioned cases, does not take away the presumption of innocence.

As regards the apprehensions, as expressed by the police, in the status report, those are not sufficient to decline the relief to the applicant, for which she is otherwise entitled and for these apprehensions, reasonable conditions can be imposed.

Considering all these facts, this Court of the view that the bail application is liable to be allowed and is accordingly allowed.

The applicant is ordered to be released on bail in case F.I.R. No. 70 of 2022, dated 19.04.2022, registered under Sections 21, 25, 61 and 85 of the NDPS Act, with Police Station Damtal, District Kangra, H.P. on her furnishing personal bond in the sum of Rs.1,00,000/-, with two sureties of the like amount, to the satisfaction of JMFC Indora/JMFC, Nurpur or Duty Magistrate at Damtal/Indora. This order, however, shall be subject to the following conditions:-

a) She shall make herself available for the purpose of interrogation, if so required and regularly 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) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) She shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or Police Officer, and

d) She shall not leave the territory of India without the prior permission of the Court.

Any observations, made herein above, shall not be taken as an expression of opinion on merits of the case, as, these observations are confirmed only to the disposal of the present bail application.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions are found to be violated by the applicant.

The applicant may produce a downloaded copy of the order passed by this Court before the trial Court and the trial Court shall not insist for the certified copy of the order, rather passing of order can be verified to the official web-page of this Court.