Ujjwal vs State Of Himachal Pradesh

Virender Singh, J

Applicant-Ujjwal has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), for releasing him on bail, during the pendency of trial, in case FIR No. 03 of 2023, dated 4th January, 2023, registered with Police Station Solan (Sadar), District Solan, H.P. under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS Act’).

The applicant has sought the bail, on the ground, that he is an innocent person and has nothing to do with the alleged offence, for which, he has been arrested by the police.

It is his further case that investigation, in the present case, is complete and nothing is to be recovered from him or at his instance and no fruitful purpose will be served by keeping him in judicial custody.

Apart from this, the learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, released on bail, during the pendency of the trial.

It would be apt to record herein that initially, the present case has been listed before SB-IV on 11th January, 2023, when the following order has been passed:

“Notice. Mr. Baldev Negi, learned Additional Advocate General, accepts notice on behalf of the petitioner. As prayed for, list for consideration on 20.01.2023 before Hon’ble Vacation Judge. Respondent-State shall also produce record of the case on said date.”

In view of the above, the matter has been taken up by this Court, for adjudication.

When put on notice, police filed the status report, disclosing therein that on 4th January, 2023, a rukka was received in Police Station Solan (Sadar), District Solan, according to which, the contraband, i.e. heroin, weighing 10.27 grams, was found from the exclusive and conscious possession of the applicant, while he was found travelling in Bus No. HP-64-3817, enroute Amritsar to Shimla, on 4th January, 2023. the Investigating Officer, alongwith the other police official, was present near Police Booth at Dohri Diwar, Solan, and were checking the vehicles, then, at about 2.30 p.m., the Investigating Officer received the secret information regarding the indulgence of the accused in the sale and purchase of the contraband. The said information was found to be authenticated and as such, the Investigating Officer complied with other codal formalities, under Section 42 (2) of the NDPS Act.

As stated above, when the contraband was recovered from the possession of the applicant, other codal formalities were completed and challan is stated to be at final stage.

It has been apprehended that in case, the applicant is released on bail, he may again indulge in such type of activities and may coerce the witnesses.

On all these submissions, a prayer has been made to dismiss the bail application.

Heard.

Admittedly, the contraband allegedly recovered from the possession of the applicant, in this case, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in this case.

Once, it has been held that rigors of Section 37 of the NDPS Act are not applicable, in this case, then the presumption of innocence is still available to the applicant, as the bail application cannot be rejected as a matter of punishment. Pre-trial punishment is prohibited under the law. The trial of the accused will take sufficient long time and no useful purpose would be served by keeping him in judicial custody.

At the time of deciding the bail application, the Court should refrain from discussing the case of the prosecution in detail, as, the same would cause prejudice to the case of the prosecution or the defence.

So far as the apprehensions, as expressed, in the status report, are concerned, those are not sufficient to decline the relief to the applicant, for which, he is, otherwise, entitled to. For those apprehensions, reasonable conditions can be imposed.

Except the present case, no other criminal history of the applicant has been mentioned in the status report nor argued before the Court.

Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

The applicant is ordered to be released on bail in case FIR No. 03 of 2023, dated 4th January, 2023, registered with Police Station Solan (Sadar), District Solan, H.P. under Section 21 of the NDPS Act, on his furnishing personal bail bond, in the sum of ₹ 50,000/-, with one surety of the like amount, to the satisfaction of learned CJM/JMFC/Duty Magistrate, Solan. This order, however, shall be subject to the following conditions:

a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

d) He shall not leave the territory of India without the prior permission of the Court.

Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.

Applicant may produce a downloaded copy of the order, passed by the Court, before the learned CJM/JMFC/Duty Magistrate, Solan, and the said Court shall not insist for the certified copy of order, rather, passing of order can be verified from the web-page of this Court.