Supriya vs State Of H.P

Vivek Singh Thakur, J

Petitioner Supriya has approached this Court for releasing her on bail, in case FIR No.85 of 2020, dated 16.9.2020, registered under Sections 21 and

29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act), in Police Station Parwanoo, District Solan, Himachal

Pradesh.

As per Status Report, filed on behalf of respondent-State, petitioner, alongwith two others, on 16.9.2020 at 4.50 pm, was found travelling in Car

No.HP01S-1917 from Chandigarh side towards Solan, wherefrom, during checking of the vehicle, 39.11 grams heroin was recovered from the space

located in front of co-driver seat below the Dash Board. Following the procedure prescribed under law, recovered heroin was seized and taken in

possession, and Ruka was sent for registration of FIR and lateron petitioner, alongwith co-accused namely Ankush Thakur and Mukesh Thakur, was

arrested at 9.30 pm, after getting permission from learned Additional Chief Judicial Magistrate, Kasauli, as petitioner was a woman and could not have

been arrested without following the provisions of Section 46(4) of the Code of Criminal Procedure (for short ‘Code’).

During investigation, Call Detail Report of the phone of the petitioner as well as the co -accused has also been obtained. Tower location on

15.9.2020 of the mobile phone of the petitioner was found at Parwanoo and thereafter on 16.9.2020 in Haryana, Punjab and Delhi and on the same

day the location of return journey was also found.

Challan in present case has been present in Court on 12.12.2020.

Earlier bail application of the petitioner, filed before filing of the challan in Court, was dismissed as withdrawn

Learned counsel for the petitioner has submitted that the petitioner is doing nursing course from Sai Sanjeevini Nursing College, Solan and at

present she is in 2nd year of the said course and further that petitioner was ignorant about the transportation of the recovered heroin by co-accused,

who were sitting on the driver and front seat, respectively. Further, it is stated that quantity recovered is intermediate quantity and that petitioner is a

woman and student and she is in custody since 16.9.2020 and, therefore, keeping in view the provisions of Section 437 Cr.P.C., petitioner deserves to

be enlarged on bail.

Section 437 Cr.P.C. contains provisions to treat a person under the age of 16 years or a woman or sick or infirm person in a different manner than

others and empowers the Court to release such person on bail in those cases also wherein, in normal circumstances, others may not be released.

Keeping in view the entire facts and circumstances, without commenting on merits of the case, at this stage, I am of the opinion that no fruitful

purpose is going to be served by keeping the petitioner behind the bars. Accordingly, the petitioner is ordered to be enlarged on bail on her furnishing

personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court, within two weeks from today, subject to

the following conditions:

(i) That the petitioner shall make herself available during investigation, as well as the trial on each and every date as and when required, as per law;

(ii) that the petitioner shall 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 such facts to Court or to any police officer or tamper with the evidence. She shall not, in any manner, try to

overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the trial;

(iv) that the petitioner shall not commit the offence similar to the offence of which she is accused or suspected;

(v) that the petitioner shall not misuse her liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for her availability to Police and/or

during trial.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the accused-petitioner as deemed

necessary in the facts and circumstances of the case and in the interest of justice.

In case the petitioner violates any or the conditions imposed upon her, her bail shall be liable to be cancelled. In such eventuality, prosecution may

approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC.VIG./Misc. Instructions/93-

IV.7139 dated 18.03.2013.

Observations made hereinabove shall not affect the merits of the case in any manner and are strictly confined for the disposal of the present bail

application.

Present petition stands disposed of.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of

the order, however, they may verify the order from the High Court website or otherwise.

Copy dasti.