Amit Kumar Chauhan vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

For allegedly possessing 96 capsules of Spasmo Proxyvon Plus containing Tramadol Hydrochloride, petitioner has been made accused in FIR No. 5 of 2021, dated 8.1.2021, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'NDPS Act'), registered at Police Station Kala Amb, District Sirmour, HP. He is in custody w.e.f. 8.1.2021 and by means of the instant petition has prayed for grant of regular bail under Section 439 of the Code of Criminal Procedure.

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

The gist of the case against the petitioner is that on 8.1.2021 at around 6.30 p.m., police party while on routine checking duty stopped a car baring No. HP71 1022 being driven by the petitioner. It's search was carried out in accordance with law. During search 96 intoxicated capsules of Spasmo Proxyvon Plus were recovered from the car. The total weight of the capsules was 48.288 grams. The report of the State Forensic Science Laboratory, Junga, indicated presence of Tramadol Hydrochloride in the capsules. Petitioner was arrested on 8.1.2021 and since then he is in custody.

Learned counsel for the petitioner raised the plea of innocence and false implication. He further submitted that the bail petitioner aged around 38 years has no criminal history in respect of offences under the NDPS Act. He further submitted that the petition 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 witnesses or temper with the prosecution evidence in any manner. Opposing the plea, learned Additional Advocate General has submitted that the petitioner has been found to be involved in 17 FIRs for various offences under the Indian Penal Code. He further 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 Spasmo Proxyvon Plus Capsules containing Tramadol Hydrochloride allegedly recovered from bail petitioner admittedly weighed 48.288 grams, which 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. The status report furnished today by the State reflects that sixteen out of seventeen FIRs registered against the petitioner have either resulted into his acquittal or compromise. In one FIR i.e. FIR No. 160 of 2015 registered against him under Sections 341, 323, 325 read with Section 34 IPC, he has been convicted and sentenced for three years imprisonment by the learned Chief Judicial Magistrate Nahan, Distt. Sirmour on 25th August, 2017. The cases which have already been compromised between the parties or in which petitioner has been acquitted cannot be looked into at this stage. As per the status reports there is no criminal history of the petitioner under the NDPS Act. The investigation in the case is complete and Challan stands presented in the Court of competent jurisdiction on 8th March, 2021. Petitioner is local resident and, therefore, his presence can be secured during 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 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 FIR No.5 of 2021, dated 8.1.2021, registered under Section 21 of the NDPS Act at Police Station Kala Amb, District Sirmour, H.P. on his furnishing personal bond in the sum of Rs.50,000/-, 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 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). In case of launching of prosecutor, 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. 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.

Copy dasti.