Suman Kumar vs State Of Himachal Pradesh

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Sushil Kukreja, J

The instant bail application has been moved by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail, in case FIR No. 282 of 2022, dated 20.11.2022, under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substance Act (hereinafter referred to as “the NDPS Act”), registered at Police Station West, District Shimla, H.P.

The case of the prosecution, in brief, is that on 20.11.2022, a rukka was received at Police Station Boileauganj that on 19.11.2022, while police party was on routine patrolling duty at place Shoghi Barrier, one HRTC bus, came from Solan side, which was signaled to stop. Thereafter, the police party started checking the bags of the occupants of the bus and when they proceeded to check the bag of the person sitting on seat No. 30(W), he got perplexed and could not give any satisfactory answer with regard to the questions asked by the police party. On suspicion, the police party tried to associate independent witnesses amongst the occupants of the bus, but they refused to become witnesses, as such, the police party asked the Driver and the Conductor of the bus to become witnesses in the proceedings and they agreed to the same. On asking, the Driver of the bus, disclosed his name as Anil Kumar and Conductor of the bus disclosed his name as Sandeep Kumar, in whose presence, name of the person was asked and he disclosed his name as Suman Kumar (petitioner herein), who was carrying a bag with him. When the bag was opened and checked, white coloured plastic packet was recovered. On opening of the said plastic packet, a white coloured substance was found, which on the basis of experience was found to be chitta/heroin. On weighment, the recovered contraband was found to be 127.56 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against accused Suman Kumar and he was arrested.

Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in this case. He has further contended that investigation in this case is almost complete and nothing remains to be recovered at the instance of the petitioner. He also contended that both the co-accused persons have already been released on bail by this Court, as such, the petitioner, who is in custody since his arrest, is required to be released on bail on the ground of parity.

Per contra, the learned Additional Advocate General opposed the bail application on the ground that keeping in view the gravity of the offence alleged to have been committed by the petitioner, he is not entitled to be enlarged on bail.

I have heard the learned counsel for the petitioner as well as learned Additional Advocate General and have also gone through the record of the case. The perusal of the record indicates that the quantity of chitta/heroin, involved in the present case is 127.56 grams, which is an intermediate quantity. Therefore, rigors of Section 37 of the NDPS Act are not applicable in the present case. The petitioner was arrested on 20. 11.2022 and since then he is behind the bars. There is no evidence on record to suggest that the petitioner will tamper with the prosecution evidence or will flee from justice, if released on bail. Since, the trial may take sufficiently long time to conclude, therefore, no fruitful purpose will be served if the petitioner is kept behind the bars for an unlimited period. Furthermore, both the co-accused persons have already been released on bail by this Court, as such, the petitioner also deserves to be released on bail on the ground of parity.

Considering the overall facts and circumstances of the case and since the quantity of chitta/heroin involved in this case is 127.56 grams, which is an intermediate quantity, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in case F.I.R. No. 282/2022, dated 20.11.2022, registered at Police Station West, District Shimla, H.P., under Sections 21 & 29 of NDPS Act, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs. 50,000/- (Rupees fifty thousands), with one surety in the like amount to the satisfaction of learned Trial Court. This bail order is subject, however, to the following conditions:-

(i) that the petitioner will appear before the Court and the Investigating Officer whenever required ;

(ii) that he will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing any facts to the Court or the police;

(iii) that he will not tamper with the prosecution evidence nor he will try to win over the Prosecution witnesses or terrorise them in any manner;

(iv) that he will not repeat the offence, as is alleged to have been committed by him.

(v) that he will not deliberately and intentionally act in a manner which may tend to delay the investigation or the trial of the case.

(vi) that he will not leave India without prior permission of the Court.

Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions is violated by the petitioner.

Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein.