Sanju vs State Of Himachal Pradesh

Ajay Mohan Goel, J

Status report has been filed, which is perused and taken on record.

Heard.

By way of this petition filed under Section 439 of the Code of Criminal Procedure Code, the petitioner has prayed for grant of regular bail in FIR

No. 29 of 2020, dated 02.05.2020, registered at Police Station Nerwa, District Shimla, HP, under Section 22 of the Narcotic Drugs and Psychotropic

Substances Act, (hereinafter referred to ‘ND&PS Act’ for short).

The case of the prosecution is that 10 bottles of ‘Chlorphheniramine Manleate & Codeine Phosphate Syryp’ were recovered from a vehicle

on 02.05.2020, which was being driven by the petitioner, which bottles were concealed under the Driver’s seat. The petitioner is in custody since

02.05.2020, and presently, he is in judicial custody.

Learned Counsel for the petitioner has argued that the petitioner is not guilty of the offences alleged against him and he is innocent and has been

falsely implicated in the case. He has further submitted that the petitioner was engaged as a driver to drive the vehicle in issue and who planted or

placed the said narcotic substance in the vehicle, is not in the knowledge of the petitioner. He has further submitted that the petitioner has no previous

criminal history, and otherwise also, no purpose is going to be served by keeping him in judicial custody as investigation in the case is complete and

challan already stood filed in the Court. He further submitted that in the event of grant of bail, the petitioner shall abide by all the conditions, which

may be imposed upon him. On these grounds, learned Counsel prays that the petitioner be released on bail.

On the other hand, learned Deputy Advocate General, while opposing the bail, submitted that taking into consideration the gravity of the offence

alleged against the petitioner and further the fact that bottles of narcotic substance were recovered from the conscious possession of the petitioner, no

case is made out for grant of bail to the petitioner. He has further argued that in the event of the petitioner being released on bail, there is every

possibility that he may try to evade the trial or influence and win over the prosecution witnesses and thus hamper the course of trial.

At this stage, learned Counsel for the petitioner submits that he has instructions to state that in the event of grant of bail, the petitioner shall not

leave the territorial jurisdiction of State of Himachal Pradesh without the leave of the Trial Court.

I have heard learned Counsel for the petitioner as well as learned Deputy Advocate General and also gone through the status report.

In my considered view, no purpose is going to be served by retaining the petitioner in judicial custody. This I say so for the reason that whether or

not the petitioner is guilty of the offence alleged against him is a matter of trial, and if in case, learned Trial Court finds him guilty, then, law will take

its own course. Besides this, it is not dispute that investigation is complete and challan already stands filed in the Court of law. Thus, as of now, no

recovery etc. is to be effected from the petitioner. As far as the apprehension raised by learned Deputy Advocate General that the petitioner, on

release, may jump the bail and evade the trial or he may try to win over and influence the witnesses is concerned, this Court observes that it will be

open to the State to approach the Court for cancellation of the bail, in case, the petitioner indulges in any such like acts. Further, the statement of

learned Counsel for the petitioner that the petitioner shall not leave the territory of State of Himachal Pradesh without the leave of the Trial Court is

also taken on record.

Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in FIR No. 29 of 2020, dated 02.05.2020, registered at

Police Station Nerwa, Tehsil Chopal, District Shimla, HP, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, on his furnishing

personal bail bond to the tune of Rs.1,00,000/- with one surety in the like amount, to the satisfaction of learned Trial Court, within a period of two

weeks from today, subject to the following conditions:-

i) Petitioner 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;

ii) He shall not tamper with the prosecution evidence in any manner whatsoever.

iii) He 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

iv) He shall not leave the territory of State of Himachal Pradesh without the leave of the learned Trial Court, as stated by the learned Counsel for the

petitioner.

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 the trial of the case. It is further clarified that in case the petitioner does not complies with the conditions which have been imposed

upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed

of in the above terms.

Copy dasti.