Sardeep Thakur vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner is an accused in case registered vide FIR No. 04 of 2022, dated 11.01.2022, at Police Station Chotta Shimla, District Shimla, H.P. under

Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Actâ€). Petitioner was arrested on 11.01.2022. He

was remanded to judicial custody till 15.01.2022. However, he was produced before the learned Additional Chief Judicial Magistrate (1), Shimla on

14.01.2022, on which date, he was remanded to judicial custody.

Petitioner has prayed for grant of bail under Section 439 Cr.P.C., in the above noted case, on the grounds that the investigation in the case have

already been completed. No further recovery is to be effected from him. His further incarceration shall serve no purpose. Petitioner has undertaken to

abide by all the conditions, as may be imposed. Petitioner is permanent resident of Village and Post Office, Samoli, Tehsil Rohru, District Shimla, H.P.

There is no likelihood of his absconding or fleeing from the course of justice. Petitioner has undertaken not to directly or indirectly make any

inducement, threat or promise to any person acquainted with the facts of the case.

In response, the respondent has filed status report alleging inter alia that on11.01.2022, the police party was on routine patrol and at about 6.40 p.m.

they found a person sitting in a rain shelter near place ‘Fairview’ on Forest Road Shimla, who was holding a carry bag in his hands and had

tried to place the said bag between his legs on noticing the police. On suspicion, the person was questioned, who admitted to be carrying

‘heroin’ (Chitta) in his bag. Independent witness was associated. The person carrying the bag disclosed his name as Sandeep (Petitioner). On

search of the bag, 8 grams of ‘heroin’ (chitta) was recovered, besides, 25 Nos. folded empty foil papers and currency notes of Rs.15,000/-. The

contraband was seized. Petitioner was placed under arrest. On further investigation, petitioner disclosed his name Sardeep Kumar @ Sandeep Kumar.

Petitioner is alleged to have admitted that had been purchasing the contraband from one Gagandeep Singh for further sale for the last about one year.

He also claimed certain other persons to be involved with him. The investigation is said to be still pending. It is apprehended that in case of release of

petitioner on bail, he can influence or threaten the witnesses and can also affect the further investigation in the case.

I have heard learned counsel for the petitioner and learned Additional Advocate General for the State and have also gone through the status report

and police file.

The quantity of contraband i.e. 8 gms. of heroin (Chitta) allegedly recovered from the petitioner is less than commercial quantity and hence the

rigors of Section 37 of the NDPS Act will not be applicable in the facts of the instant case. The investigation qua petitioner is already complete.

Petitioner has no past criminal history.

The respondent has shown the apprehension that in case of release of petitioner on bail, he may try to influence or threaten the prosecution

witnesses. The averments in this regard are vague. It has not been shown that petitioner holds such status which may help him in influencing the

prosecution witnesses, who more or less are the police officials, save and except, one independent witness. In any case, the above noted apprehension

of respondent can duly be taken care of by imposing appropriate conditions against the petitioner.

Petitioner is permanent resident of Village and Post Office Samoli, Tehsil Rohru, District Shimla, H.P. The pre-trial incarceration cannot be allowed

as a matter of rule. No fruitful purpose shall be served by keeping the petitioner in judicial custody. The trial against him is likely to take considerable

time before conclusion.

In the peculiar facts and circumstances of the case, the application is allowed and the petitioner is ordered to be released on bail in case registered

vide FIR No. 04 of 2022, dated 11.01.2022, at Police Station Chotta Shimla, District Shimla, H.P. under Section 21 of the NDPS Act, on his furnishing

personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Shimla or any other

Judicial Magistrate First Class, Shimla. This order is, however, subject to following conditions and it is clarified that in case of breach of any of the

conditions, the respondent shall be at liberty to approach this Court for cancellation of the bail granted to the petitioner: -

i) That the petitioner shall continue to join the investigation in case so required.

ii) That the petitioner shall not indulge in any criminal activity and in the event of breach of this condition, being made by petitioner, the bail granted to

the petitioner in this case, shall automatically be cancelled.

iii) That the petitioner shall not leave the territory of India without express leave of this Court till the completion of investigation and thereafter of the

Trial Court during the Trial, if any.

iv). That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and

shall not tamper with the prosecution evidence.

v) That the petitioner shall regularly attend the trial of the case before learned Trial Court and shall not cause any delay in its conclusion.

Any observation made in this order shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the

matter uninfluenced by any observation made hereinabove.