Amit Kumar @ Meeta vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner herein, has been arrayed as an accused on the basis of disclosure statements of Chiranji Lal and Neeraj Kumar co-accused in FIR

No.133 of 2020 dated 18.08.2020, registered in Police Station Padhar, District Mandi, H.P., under Sections 21 and 29 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’ in short), from whom about 8 grams of heroin/Chitta was

recovered when car in which they were travelling was intercepted by the police for checking.

Petitioner has approached this Court under Section 439 Code of Criminal Procedure (in short ‘Cr.P.C.’), for enlarging him on bail. He has

been arrested on 18.08.2020 and since then, after remaining in police custody during initial days, he is in judicial custody.

It is stated in the status report that when police had approached petitioner-Amit Kumar @ Meeta he had chewed some papers which were taken in

to possession and sent for chemical examination, however, as per Chemical Analyst’s report received from Forensic Science Laboratory, Junga,

these paper pieces were not containing either heroin or any other Narcotic Drugs and Psychotropic Substance, mentioned in the Schedule and

Notification of NDPS Act.

8 grams of heroin was recovered from co-accused Chiranji Lal and Neeraj Kumar, who had disclosed that same was provided to them by the

present petitioner. Both of them have been enlarged on bail by this Court vide judgment dated 4. 01.2021 passed in Cr.M.P.(M) Nos. 1696 and 1730

of 2020.

It is claim of the petitioner that he has been arrayed as an accused, on suspicion only despite the fact that there is no evidence against him with

respect to supply of heroin to Neeraj Kumar and Chiranji Lal.

Learned Deputy Advocate General, on the basis of status report, had pointed out that petitioner was not disclosing his correct address as at

different times he had disclosed his address differently i.e. one address of Kullu and another of Mandi. In response thereto, Uma Devi wife of

petitioner has filed an affidavit, wherein she has stated that address of petitioner Amit Kumar @ Meeta, as mentioned in Aadhar Card, is 294/3, Ward

No.3, Post Office Mandi, Tehsil Sadar, Jail Road, Mandi, H.P. She has further stated that at present, petitioner has been residing with her since the

year 2008 and her address, as mentioned in Aadhar Card, is 294/3, Ward No.3, Post Office Mandi, Tehsil Sadar, Jail Road, Mandi, H.P. and further

that her above referred address is identical to the address of petitioner mentioned in memo of parties.

Without going into the merits and rival contentions of the parties and avoiding evaluation of material on record on its merit, considering quantity of

alleged recovered contraband, period of detention of the petitioner and also enlargement of co-accused on bail, at this stage, petitioner may be

enlarged on bail.

Accordingly, petition is allowed and petitioner is ordered to be released on bail in case FIR No.133 of 2020 dated 18. 08.2020, registered in Police

Station Padhar, District Mandi, H.P., under Sections 21 and 29 of the NDPS Act, on his furnishing personal bond in the sum of `50,000/- with one

surety in the like amount, to the satisfaction of the trial Court, within three weeks from today, 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 and

also subject to following conditions:-

(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 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; and

(vii) that petitioner shall not leave the territory of India without prior information. He 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.

The trial Court shall not insist for certified copy of the order and can verify the same from the High Court Website and from the Registry before

accepting the bail bonds to be furnished by the petitioner. Petitioner is at liberty to produce the downloaded copy of the order from the High Court

Website.

Petition is disposed of in aforesaid terms. Copy dasti on usual terms.