Veero Devi vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner, presently in custody, as an accused in FIR No.33/2020, dated 26.02.2020, registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act for short) at Police Station Indora, District Kangra, 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 case of the prosecution as it comes out from the status report is that:-

3(i) On 26.02.2020 at around 1.00 p.m. a police party while on patrolling duty at Ulehrian, Gathota and Milwan District Kangra, noticed a lady walking down on 'Kacha' road from the factory side. Seeing the patrolling party on the main road, she changed the movement of her direction and went towards an orchard. This sudden change in the direction of movement raised the suspicion of patrolling party personnel. The lady also threw a small "Pudia" held in her hand on the road side. She was nabbed thereafter and made to collect the "Pudia" earlier thrown by her on the road side. Search was carried out in accordance with law. Inside this transparent polythene "Pudia", white and brown coloured substance was found, which was determined as heroin. It weighed 6.68 grms. 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 FIR in question.

3(ii) An earlier bail application preferred by the petitioner was rejected by learned Special Judge-II Kangra at Dharamshala, H.P., vide order dated 16.05.2020, primarily on the ground that four more cases were already registered against the petitioner under the Act.

Learned counsel for the petitioner submits that the petitioner is a local resident of Village & Post office Dhamota, Tehsil Indora, District Kangra, H.P. and is not in a position to flee from justice. The contraband allegedly recovered from her was 6.68 grms of heroin, which falls in the intermediate quantity. The petitioner shall abide by all the conditions, which may be imposed upon her in case of grant of bail and she will neither influence the witnesses nor temper with the prosecution evidence in any manner whatsoever.

Citing following FIRs registered against the petitioner, learned Additional Advocate General has opposed the grant of bail on ground of criminal antecedents of the petitioner:-

Sr No

FIR No

Quantity Recovered

STATUS

BAIL ORDER

1.

51/2015 DT 15.04.2015 U/S 21- 61-85 ND&PS Act PS MUKERIAN PUNJAB

150 GRM Nasheela Powder

Pending Consideration in SESSION COURT HOSHIARPUR

N/A

2.

40/2017 DT 14.02.2017 U/S 21, 25-61-85 ND & PS ACT PS INDORA

8.60 GRM Heroin/Chitta

PC IN SESSION COURT 26.02.2018

N/A

3.

16/2019 DT 09.02.2019 U/S 21- 61-85 ND & PS Act

4.18 GRM Heroin/Chitta

PC IN JMIC INDORA 25.03.2019 (7-7-20 COC)

BAILOUT BY JMIC INDORA ON DATED 14.02.2020

4.

19/2020 DT 18-01- 2020 U/S 21-61-85 ND & PS Act

2.57 GRM Heroin/Chitta

PC JMIC INDORA 03.06.2020 (OFFICE REPORT ON DATED 16.7.20)

NOTICE 41 CRPC 18.01.2020

A perusal of the status report reveals that the petitioner is involved in four FIRs. All these FIRs' are under NDPS Act. Out of which three were registered in 2015, 2017 & 2019, respectively. A bail order produced today by learned Additional Advocate General shows that in FIR No.16/2019 bail was granted to the petitioner by the learned Judicial Magistrate 1st Class Indora, District Kangra, H.P., on 12.02.2019. In FIR No.19/2020, dated 18.01.2020, a notice under Section 41A of the Code of Criminal Procedure has been issued to the petitioner. Instant FIR has been registered against her on 26.02.2020. Thus, not only the petitioner has criminal antecedents, but prime facie it appears that she has not mended her ways. However, considering the present scenario of Covid-19 Pandemic, coupled with the fact that petitioner, a lady for alleged possession of 6.68 grms of heroin, is behind the bars w.e.f. 26.02.2020 in the instant case, investigation of which is almost complete, one final opportunity is granted to her to mend her ways with strict condition that in case, she is made an accused in any FIR registered in future under the Act, then her instant bail is liable to be cancelled. Present petition is, therefore, allowed. Petitioner is ordered to be released on bail in the aforesaid FIR on her furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) That the petitioner is directed to join investigation of case as and when called for by the Investigating Officer in accordance with law. However she shall not be called in the police station before 9.00 A.M. and after 5.00 P.M;

(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 her 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 her 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 not only her instant bail is liable to be cancelled but that fact shall also be considered as a negative factor in her future bail applications. 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. 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 parties shall not insist upon for obtaining certified copy of this judgment and shall download the same from the website of the High Court. However, the Registry is directed to send copy of this judgment to learned counsel for the parties through email subject to furnishing email addresses by them, if so required.