Sonu Saini vs State Of H.P.

Jyotsna Rewal Dua, J

For possessing 508 grams of Cannabis/Charas, petitioner, who is presently in custody, as an accused in FIR No.42/2020, dated 17.02.2020, registered under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short) at Police Station Aut, District Mandi, H.P., is seeking regular bail under Section 439 of the Code of Criminal Procedure.

I have heard learned counsel for the parties through video conference and gone through the status report filed by the respondent-State.

The gist of the prosecution case against the bail petitioner as it comes out from the status report is that on 17.02.2020, a police patrolling party laid Nakka at Kullu-Mandi Road. At around 6.50 P.M, the police party stopped a private bus (namely Kanika) bearing registration No. HP-65B- 0144, coming from Kullu side for checking. The driver and conductor of the bus were associated as independent witnesses for the purpose of inspection of the bus. The bail petitioner occupying seat No.2, tried to hide a black bag held by him on his lap. On becoming suspicious, the police party searched the bag of the bail petitioner in accordance with law from which, a 'Real' juice tatra pack was recovered, which contained nine small transparent polythene packets containing black substance. On the basis of experience of the police party, the substance was determined as Cannabis/Charas. On weighing, it was found to be 508 grams. The entire procedure as contemplated under the Code of Criminal Procedure as well as Narcotic Drugs and Psychotropic Substances Act was followed leading to registration of instant FIR. The bail petitioner was arrested on 18.02.2020 and is in custody ever since.

Learned counsel for the petitioner submitted that the petitioner is behind the bars w.e.f 18.02.2020. He has not committed the offence alleged against him. He has been falsely implicated with the alleged offence. The investigation in the case is complete. Challan has been presented before the learned Sessions Judge Mandi on 20.04.2020. Nothing is to be recovered from the bail petitioner, who is in custody for the past about three months. Learned counsel further submitted that the petitioner will abide by all the conditions, which may be imposed upon him in case of grant of bail and that he will not influence the witnesses or temper with the prosecution evidence in any manner. Learned counsel further submitted that one case is pending against the bail petitioner at Dehradun Uttrakhand for possessing 150 grams of Cannabis. However, in the aforementioned case challan has already been presented and the petitioner is presently on bail. Petitioner is not likely to flee away, as he has also to put in appearance in the aforementioned case at Dehradun Court.

Per contra, learned Additional Advocate General has opposed the grant of bail of the petitioner on the ground that 508 grams of Cannabis/Charas was recovered from the possession of the bail petitioner and possibility of his jumping over the bail cannot be ruled out as he belonges to Uttrakhand.

Quantity of contraband (Cannabis) allegedly recovered from the bail petitioner is 508 grams, which is less than commercial quantity notified under Narcotic Drugs and Psychotropic Substances Act. Therefore, the rigor of Section 37 of the Act will not be attracted. As per the status report, the petitioner was arrested on 18.02.2020 and since then he is behind the bars. Challan in the instant case was presented on 20.04.2020. Investigation in the case is complete. Nothing remains to be recovered from the petitioner. Therefore, no fruitful purpose would be served in keeping the bail petitioner in custody any further. To secure the presence of the bail petitioner during trial, stringent conditions are being imposed upon him. Present petition is, therefore, allowed. 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 two local sureties each in the like amount to the satisfaction of the learned trial Court/competent authority having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law.

(ii). Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

(iii). Petitioner will not leave India without prior permission of the Court.

(iv). 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). Petitioner 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 petitioner is arraigned as an accused, in future, in any FIR under NDPS Act, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard.

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. Any observation hereinabove shall not be taken as an expression on merits of the case and learned Trial Court shall decide the matter uninfluenced by any of observations made hereinabove.

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

The registry is directed to send a copy of this order to the District and Sessions Judge concerned through e-mail. The competent Court/Authority attesting personal, surety bonds, shall not insist upon certified copy of this order and shall download the same from the website of the High Court for purpose of office record.

Copy of this order be supplied by the Secretary/Private Secretary to the learned counsel for the parties through e-mail.