Aminodeen vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

This bail petition arises out of FIR No.9/2023, dated 10.02.2023, registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) at Police Station Nerwa, District Shimla, H.P.

The respondent has filed the status report and also produced the record.

The case against the petitioner in nutshell is that a patrol party was on routine checking duty on 10.02.2023 within its jurisdictional area. At around 6:30 pm, it noticed a pedestrian coming from Fediz Bridge and going to Jamaradi Barrier. Seeing the police personnel, that person suddenly turned backward and started running. In this process, he took out some articles from his jacket pocket and threw the same on road. The person was nabbed by the police officials. It was deemed fit to carry out his search. The packet thrown by the person was retrieved. Search was carried out in accordance with law. 80 numbers of blue coloured capsules were found inside the packet. The capsules were with the inscription ‘PYN-SPAS PLUS’. The FIR was registered under Section 22 of the NDPS Act on 10.02.2023. Since the capsules were lying loose and identity of the contraband was not clear, the petitioner was not arrested that day, awaiting report from SFSL Junga about the nature of the drug/contraband recovered from him. Report from SFSL Junga was received on 01.03.2023. As per the report, the recovered capsules contained Tramadol. Total weight of the capsules was 52.821 grams. The petitioner was arrested on 21.04.2023 after the dismissal of his anticipatory bail petition, bearing Cr.MP(M) No.876 of 2023, on 21.04.2023.

Learned counsel for the petitioner submitted that false case has been registered against the petitioner, who was earlier used by the police officials as ‘Mukhbhir’ for apprehending the persons dealing with the narcotics. The petitioner refused to be the source of the police officials, hence, false case was planted against him. It was further submitted that there is no evidence available against the petitioner. The petitioner will abide by all the terms and conditions, which may be imposed upon him in case of grant of bail.

Learned Deputy Advocate General opposed the bail plea, however, he 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 stated to have been recovered from the petitioner falls under the ‘Intermediate’ category notified under the NDPS Act. The petitioner was arrested on 21.04.2023. The respondent has completed the entire investigation in the matter. As per the status report, police report has been filed on 19.05.2023 in the Court of competent jurisdiction. Guilt, if any, of the petitioner is yet to be proved during trial, which will take substantial time. In view of the quantity of the contraband recovered, provisions of Section 37 of the NDPS Act are not attracted. Though the status report gives a count of two FIRs previously registered against the petitioner under the provisions of NDPS Act, however, the status report also records that the petitioner has been acquitted in both the cases. Petitioner, aged 31 years, is stated to be a local resident, therefore, his presence can be secured in the trial.

There is no apprehension of his fleeing from justice.

Accordingly, the present petition is allowed. The 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.

(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 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 any of the observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.