Vishal Massi vs State Of HP

Vivek Singh Thakur, J

Petitioner has approached this Court seeking bail under Section 439 Code of Criminal Procedure (in short ‘Cr.P.C.’), in case FIR No.67 of 2021, dated 04.08.2021, registered in Police Station Parwanoo, District Solan, H.P., under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).

Status report stands filed. Record was also made available.

Prosecution case, in brief, is that on 04.08.2021, at about 8.30 a.m. police party, on patrolling and for detection of offences under NDPS Act etc., was present at Jabli. A special informer had informed the police that in a Truck bearing registration No.HP-64B-0924 Ashok Leyland coming from Parwanoo towards Solan with two occupants, huge quantity of Chitta/heroin was there. Information was specific and reliable and there was possibility of concealment of evidence and contraband, therefore, report under Section 42(2) of NDPS Act was prepared and sent to Supervising Officer of Special Information Unit (SIU) through Constable Puneet Kumar and police party moved towards Koti, Chakki Mod and T.T.R. etc and laid Nakka at Four-Lane near Punjabi Rasoi Dhaba at Koti and independent witnesses Bhupinder Thakur and Bhim Dutt were also associated after informing them about information received from an informer. At 9.30 a.m. the Truck in reference with two occupants came from Parwanoo side which was stopped by the police and occupants had disclosed their identity as Vishal Massi (petitioner) and Aman Kumar. Truck was searched in accordance with law and from the Cabin of the Truck a white coloured plastic pouch, containing white coloured substance, was found in Dashboard located in front of Conductor seat and through drug detection kit, it was confirmed as Chitta. On weighing, on digital weighing machine, it was found 8.05 grams. Rukka was sent to the Police Station for registration of FIR and Truck as well as recovered contraband were taken into possession and seized in accordance with law. After registration of FIR petitioner-Vishal Massi and Aman Kumar were arrested on 04.08.2021.

After remaining for three days in police remand, petitioner and co-accused were sent in Judicial custody.

Aman Kumar was enlarged on bail by this High Court on 28.08.2021.

Petitioner had filed a bail application before learned Special Judge, Solan, H.P., which was dismissed on 02.11.2021.

It has been stated in the petition as well as in the status report that petitioner has been found involved in two more cases i.e. FIR No.31 of 2020 dated 20.04.2020 registered in Police Station Parwanoo, District Solan, H.P. and FIR No.89 of 2020, registered in Police Station Sadar, Solan, H.P.

Learned Additional Advocate General has submitted that petitioner has committed a heinous crime, which affects not only individual but society at large by ruining the youth and families and, therefore, prayer for rejection of bail application has been made by stating that earlier also petitioner has been found involved in commission of similar offences.

Learned counsel for the petitioners has submitted that contraband alleged to be recovered from the petitioner is slightly more than a small quantity and in previous cases registered against the petitioner also, recovered Chitta/ contraband was of either small quantity or nearer to small quantity. It has further been submitted that petitioner is behind the bars since last about eight months and keeping in view the quantum of contraband alleged to be recovered from him, he is entitled to be enlarged on bail.

Learned counsel for the petitioner has also submitted that in view of recovery of quantum of alleged contraband in present case, rigors of Section 37 of NDPS Act are not applicable and keeping in view the age of the petitioner and his detention, a lenient view deserves to be taken for enlarging him on bail.

It has also been submitted that co-accused Aman Kumar was enlarged on bail within a period of one month. Whereas, petitioner has not been enlarged on bail by learned Special Judge.

Learned Additional Advocate General has submitted that there was no previous history or involvement of Aman Kumar in similar nature of offence. Whereas, petitioner has been found involved in two cases in the recent past, therefore, learned Special Judge has rightly rejected the bail application.

In response, learned counsel for the petitioner has further contended that after rejection of bail sufficient time has lapsed and keeping in view quantity alleged to be recovered and period of detention, as petitioner is behind the bars since eight months, petitioner deserves to be enlarged on bail.

It has further been submitted that petitioner is ready to abide by any condition imposed by the Court at the time of enlarging him on bail and to furnish appropriate bonds as directed.

Considering all facts and circumstances, including quantum of contraband recovered from the petitioner, period of detention, but without commenting on merits of the rival contention of parties, and taking note of all principles and factors relevant to be considered at the time of deciding bail application with reference to aforesaid facts and circumstances placed before me, and submissions made by learned counsel for the petitioners as well as learned Additional Advocate General, petitioner can be enlarged on bail.

Accordingly, present petition is allowed and petitioner is directed to be enlarged on bail, subject to his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the trial Court/Special Judge, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioner shall 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 Court or to any police officer or tamper with the evidence.

He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that in case petitioner indulges in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by prosecution;

(viii) that the petitioner shall not leave the territory of India without prior permission; and

(ix) that the petitioner shall inform the Police/Court his contact number and shall keep on informing about change in address and contact number, if any, in future.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

Petition is disposed of in aforesaid terms.

Copy dasti.

Petitioner is permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the trial Court/Special Judge, and the said Court shall not insist for production of a certified copy but if required, may verify it from Website of the High Court.