Vijay vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

For possessing 8.70 grams of heroin, petitioner is in judicial custody, as an accused in FIR No.181/2021, dated 12.11.2021 registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the ‘Act’ hereinafter) at Police Station Sadar, District Solan H.P. By means of instant petition, he is seeking regular bail under Section 439 of the Code of Criminal Procedure.

I have heard learned counsel for the parties and gone through the status report.

According to the status report, on 12.11.2021 at around 7.50 P.M. an information was received by the police officials that one Deepanshu Gagat alongwith his accomplices was indulging in sale and purchase of Heroin in his rented accommodation and that search of his premises at that point of time could lead to recovery of large quantity of narcotics. Since the information was reliable, therefore, provisions of Section 42 of the Act were complied with. A raiding party reached and searched the premises in question, in accordance with law. Apart from Deepanshu Gagat, there were three other persons inside the premises namely Vijay Kumar (bail petitioner), Manish and Piyush Aggarwal.

During search of the premises 8.70 grams of Heroin was recovered from the ‘Sofa’ kept in the drawing room. The recovery led to registration of the FIR and arrest of the accused persons.

Learned counsel for the petitioner submitted that the petitioner has no role to play in the commission of offences alleged against him in the FIR. Further it was submitted that the co-accused Sh. Piyush Aggarwal had already been enlarged on bail by the learned Sessions Judge District Solan. The other co-accused person Manish has also been enlarged on bail vide order dated 11.02.2022 in Cr.MP(M) No.237/2022. Learned counsel further submitted that the petitioner will abide by all the conditions, which may be imposed upon him in case of grant of bail and that he will not influence the prosecution witnesses or tamper with the prosecution evidence in any manner.

Learned Additional Advocate General, while opposing the bail petition, submitted that in case the Court is inclined to grant bail to the petitioner, then stringent conditions may be imposed upon him.

According to the status report, the quantity of the contraband allegedly recovered from the premises in question is 8.70 grams, which is nearer to ‘small’ quantity notified under the Act and falls in now commonly known as ‘intermediate quantity’. Therefore, the rigors of Section 37 of the Act will not be applicable in the instant case. As per status report, another FIR No.82/2021 dated 07.09.2021 under Sections 21 & 29 of the Act has been registered against the bail petitioner at Police Station Dharampur District Solan. However, the quantity of contraband involved in that FIR falls under intermediate category. The investigation in the matter is complete. The co-accused persons Sh. Piyush Aggarwal & Sh. Manish, have already been enlarged on bail. Considering the quantity of the contraband involved in the instant case and the fact that the petitioner is behind the bars w.e.f. 12.11.2021, coupled with the fact that trial would take considerable time, no fruitful purpose would be served by keeping the bail petitioner behind the bars any further. The petitioner, aged 23 years is stated to be a local resident of near Nursing Mandir, Tank Road Solan, Tehsil and District Solan, Himachal Pradesh, therefore, his presence can be secured in the trial. To ensure that the petitioner does not indulge in similar activities again, a strict condition is being imposed that in case he is found involved in future in any FIR under the NDPS Act then this bail is liable to be cancelled. Accordingly, the present petition is allowed and petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.25,000/- 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) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law.

(ii). Petitioner shall not tamper 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). In case of launching of prosecution, 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 his 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 his 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 his bail is liable to be cancelled. 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. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. 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.

Learned counsel for the petitioner is permitted to produce copy of order downloaded from the High Court website before the concerned authorities who shall not insist for certified copy of the same, however, it may verify the order from the High Court website or otherwise.