Chattar Singh vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Instant petition has been preferred on behalf of petitioner for enlarging him on bail in case FIR No. 75 of 2020, dated 25.5.2020, registered in Police Station Jawali, District Kangra, H.P. under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act).

Status report stands filed, wherein circumstances in which petitioner has been found in possession of 29.690 Kilograms Poppy Straw, recovered from vehicle in his control, being driven by him, have been stated in detail.

As per status report, petitioner being driver of the vehicle, Balvinder alias Kala owner of the vehicle and Rachh Pal alias Bablu are in illegal business of supplying Poppy Straw.

It is stated in status report that owner of the vehicle Balvinder alias Kala is still absconding and has not submitted himself to the Investigating Agency, whereas another co-accused Rachh Pal alias Bablu who was also absconding, but was arrested on 4.1.2021, however he has been enlarged on bail by learned Additional Sessions Judge (I), Kangra at Dharamshala on bail vide order dated 22.2.2021.

Learned counsel for the petitioner submits that even if case of the prosecution is considered to be true in all respects, then also recovery of Poppy Straw from the petitioner is of intermediate quantity, as the commercial quantity of Poppy Straw is 50 Kilograms and petitioner is behind the bars since 25.5.2020, whereas his co-accused has been enlarged on bail within two months of detention and further that challan against petitioner stands presented in the Court in July, 2020, which is pending before Special Judge, Kangra for consideration on charge. Learned counsel for the petitioner also submits that petitioner has roots in the society and he, for ensuring his presence during trial, is ready to furnish local surety also. It is further submitted that keeping in view entire facts and circumstances, petitioner deserves to be enlarged on bail.

Petitioner has approached this Court earlier also by filing Cr.M.P. (M) No. 1805 of 2020, which was dismissed as withdrawn on 28.12.2020 and at that time none of other two co-accused was apprehended. Thereafter co-accused Rachh Pal alias Bablu was arrested on 4.1.2021, who has been enlarged on bail by learned Additional Sessions Judge (1), Kangra on 22.2.2021.

Considering entire facts and circumstances at this stage, petitioner may be enlarged on bail, but with assurance by way of local surety, as undertaken by him, for his availability and presence during trial.

Accordingly, petitioner is ordered to be enlarged on bail, subject to furnishing personal bond in the sum of Rs.50,000/- with two sureties in the like amount, one of which shall, as undertaken by petitioner be a local surety, to the satisfaction of trial Court within two weeks from today and also subject to following further 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/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 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 the petitioner shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial;

(viii) that the petitioner shall not leave India without permission of the Court.

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 conditions 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.

Learned 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 petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms. Dasti copy on usual terms.