Tikkam Ram vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release in case

FIR No.94 of 2020, dated 4.6.2020, under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station,

Barmana, District Bilaspur, H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of

the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by

keeping him behind the bars for an unlimited period, so he be released on bail.

Police report stands filed. As per the prosecution story, on 4.6.2020, at about 5:00 p.m., when the police party was on traffic duty/nakabandi at

Kuddi National Highway near Ghagus, one car bearing registration No.HP-24B-8833, silver in colour came from Ghagus side, the police party

signaled the car to stop, but the car driver tried to turn back, Constable immediately took the keys of the car. The car driver was nabbed by the police

and the police asked him about fleeing away from the spot, but the petitioner could not give any satisfactory reply. In the meantime, one car bearing

registration No.HP-24A-8912, white in colour came from Ghumarwin side and the said car, was also signaled to stop. The driver of the car disclosed

his name, Umesh son of Shri Surender Kumar, and other person disclosed his name, Sunil Kumar son of Shri Babu Ram. On opening of the dickey of

the car, the police found, one white in colour carry bag having a knot. On opening the knot of the carry bag, another transparent polythene bag having

a knot was found. On opening the knot of the transparent polythene bag, a black coloured substance in wick shape was found and the same was

cannabis. On checking with drug detection kit, it was found to be 1.096 kilograms. The police took the black coloured substance in their possession.

The car alongwith its documents was taken into possession by the police. During the course of investigation, accused Bablu Pathania disclosed to the

police that he himself prepared some charas/cannabis from Dhabehar forest and some charas/cannabis was purchased by him from the petitioner. On

6.6.2020, the police alongwith co-accused Bablu Pathania went to the house of petitioner, but he was not present at home, however his house was

searched, but nothing suspicious was found there. The petitioner disclosed to the police that he had prepared 300 grams cannabis/charas, which was

sold to another accused Bablu Pathania for Rs.15,000/-. Thereafter, the police completed all the codal formalities. Police made the relevant

recoveries, prepared the spot map and recorded the statements of the witnesses. Lastly, it is prayed that the bail application of the petitioner be

dismissed, as the petitioner was involved in a serious offence, he is dealing in narcotics and there is every possibility that in case at this stage he is

enlarged on bail, he may flee from justice and tamper with the prosecution witnesses.

I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the

police report, carefully.

The learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the

petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He

has argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period.

On the other hand, learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case, he is enlarged on

bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may be

dismissed.

In rebuttal, the learned counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, the custody of

the petitioner is not at all required by police, nothing remains to be recovered at his instance, the petitioner is not in a position to tamper with the

prosecution evidence nor in a position to flee from justice and also considering the facts that investigation is complete, even challan stands presented in

the learned Trial Court, so the present bail application may be allowed and the petitioner may be enlarged on bail.

At this stage, taking into consideration the fact that as per the co-accused, he has purchased 300 grams of charas from the present petitioner and

the remaining he has made himself. The only allegations against the petitioner is that he has sold 300 grams of charas to the main accused. In these

circumstances, the allegations against the petitioner is that the quantity, which is not a commercial quantity, the petitioner even otherwise also booked

at the instance of the statement of main accused from whom 1 kg. charas was recovered and also considering the fact that he cannot be kept behind

the bars for an unlimited period, investigation in the matter is complete, nothing remains to be recovered at the instance of the petitioner, challan has

also been presented before the learned Trial Court, custody of the petitioner is not at all required by the police, considering the quantity of the

recovered contraband, the fact that the petitioner is ready and willing to abide by the terms and conditions of bail, in case granted, he is neither in a

position to flee from justice, this Court finds that the present is a fit case, where the judicial discretion to admit the petitioner on bail is required to be

exercised in favour of the petitioner. Under these circumstances, it is ordered that the petitioner be released on bail, in this case FIR No.94 of 2020,

dated 4.6.2020, under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station, Barmana, District

Bilaspur, on his furnishing personal bond to the tune of Rs.50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of

the learned Trial Court. The bail is granted subject to the following conditions:

i. That the petitioner will join investigation of case as and when called for by the Investigating Officer in accordance with law.

ii. That the petitioner will not leave India without prior permission of the Court.

iii. That the petitioner 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 such facts to the Investigating Officer or Court.

In view of the above, the petition is disposed of.

Copy dasti.