Vipin vs State Of H.P

Jyotsna Rewal Dua, J

The petitioner is facing accusations under Sections 21 and 29 of NDPS Act in FIR No. 142 of 2021, dated 07.09.2021, registered at Police Station,

Sadar, Solan. He was arrested on 07.09.2021 and prays for his enlargement on bail.

As per the status report, on 07.09.2021,police officials received a secret information that the petitioner alongwith his accomplice Shubham Thakur

were indulging in sale and purchase of contraband in petitioner’s rented accommodation in a building described in the information. On receipt of

the information, the procedure in accordance with law was followed. The rented accommodation of the petitioner was raided. 8.51 grams of heroin

was recovered during the search of the building. The FIR in question was accordingly registered. Petitioner and Shubham Thakur were arrested.

During investigation, the accused persons stated that they had procured the contraband about 3-4 days prior to the incident from a person of Nigerian

nationality in Delhi against cash payment of Rs. 10,000/-.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the FIR. That quantity of the contraband allegedly

recovered from the petitioner falls in the intermediate category and is otherwise nearer to the small quantity, notified under the Act. Learned counsel

further submitted that the investigation in the matter is complete and therefore, the petitioner be enlarged on bail as he has completed almost five

months behind bars.

Learned Additional Advocate General opposed the grant of the bail on the ground that another FIR No. 257 of 2020, dated 6.12.2020 has been

registered against the petitioner at Police Station, Sadar, District Solan for offences under the NDPS Act. Learned Additional Advocate General,

however, submitted that in case the court is inclined to grant bail to the petitioner, then the same be made subject to stringent conditions.

The quantity of the contraband recovered in the instant FIR weighs 8.51 grams of heroin. This quantity though falls in the intermediate category,

however, is nearer to the small quantity, notified under the Act. Learned counsel for the petitioner submitted that the previous FIR No. 257 of 2020,

dated 6.12.2020 registered against the petitioner involves contraband falling in the intermediate category. This has not been disputed by the

respondent. The petitioner has already spent about five months in prison. His further incarceration will not serve cause of justice. The investigation in

the matter is complete. The challan was presented on 20.10.2021. The petitioner is resident of Ward No. 7, near Kotla Nala, Tehsil and District Solan,

therefore, his presence can be ensured in the trial.

Considering the above aspects, the instant bail petition is allowed subject to stringent condition that in case in future the petitioner is found to be

involved in any offence under the NDPS Act, irrespective of the contraband involved in the instant FIR, his bail shall liable to be cancelled at the

instance of investigating agency. Accordingly, the petitioner is ordered to be released in the above mentioned FIR, subject to his furnishing personal

bond in the sum of Rs. 25,000/0 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 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 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 his Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Number, if any.

(vii) It is made clear that in case the petitioner is arraigned as an accused in future, in any FIR, more particularly under the NDPS Act, then this 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 without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.