Bijay Thakur vs State Of H.P

Jyotsna Rewal Dua, J

The petitioner’s prayer for bail is in relation to FIR No.124 of 2022, dated 30.10.2022, registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act (the Act in short) at Police Station Parwanoo, District Solan, H.P.

Heard learned senior counsel for the petitioner and learned Additional Advocate General for the respondent-State, considered the status report and also the record produced by the respondent.

The case against the petitioner is that on 30. 10.2022 at around 12:50 a.m., a policy party, on routine traffic checking duty, noticed a person carrying a rucksack near Kashyap Dhaba, TTR Parwanoo. The person was questioned about his movement at the night time. He did not respond satisfactorily. The police officials deemed it fit to carry out search of the bag carried by the person (bail petitioner). Because of night time, independent witnesses were not available. In accordance with law, search of the bag was carried out. During search, 6.77 grams of heroin was recovered. The recovery led to registration of the FIR and arrest of the accused (bail petitioner).

During investigation, the petitioner is stated to have disclosed that he is a Nepali national, but residing alongwith his family at Chandigarh. A person named “Lucky” met him at Chandigarh and requested him to carry some article to TTR Parwanoo. He was further told that the article handed over to him, will be collected by two persons and he will be paid Rs.3000/- for carrying the article. The petitioner was in dire need of money, hence, he agreed to carry the article. He was looking for the persons to whom the article was to be handed over when he was apprehended by the police officials.

Learned senior counsel for the petitioner submitted that the investigation in the matter is complete. Challan has been presented before the competent court of law. The petitioner has completed about five months in the custody. Accordingly, prayer was made for enlarging the petitioner on regular bail. It is further submitted that the petitioner will abide by all the terms and conditions, which may be imposed by the Court while allowing his request for releasing him on bail.

Learned Additional Advocate General opposed the grant of bail. However, submitted that in case the Court is inclined to accept the prayer of the petitioner, then the same may be subject to stringent conditions considering the fact that the petitioner is a Nepali national.

The petitioner is accused of possessing 6.77 grams of heroin. The quantity of the contraband falls in intermediate category, but is nearer to small quantity notified under the Act. Rigors of Section 37 of the Act are not applicable to the petitioner. The status report does not indicate any criminal record of the petitioner. The petitioner is stated to be a Nepali national. However, according to the investigation carried out by the respondent - State he has been residing alongwith his family at Chandigarh. His mother is stated to be belonging to the State of Bihar. The petitioner is behind the bars w.e.f. 30.10.2022 and by now has completed more than five months in the confinement. Trial of the case will take sufficient time.

In view of the above, the petitioner has made out a case for grant of regular bail. Accordingly, the present petition is allowed. Petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two local sureties in the like amount each to the satisfaction of the learned Trial Court having jurisdiction over the Police Station concerned, subject to the following conditions: -

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The 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). 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.

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.