Govind Ram vs State of H.P.

Surinder Singh, J.—Petitioner was arrested on 6.3.2010 in FIR No. 395 of 2009 registered on 20.10.2009 for alleged conspiracy u/s 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard and gone through the report and relevant record.

Challan against the Petitioner and co-accused stands presented in the court for their trial. The only allegation against the Petitioner in this case is that he has been the owner of taxi vehicle No. HP-01K-0805, which was allegedly taken by co-accused Khekh Ram, who was found in possession of 14.750 kg. of Charas while traveling in the said car. There is no allegation that the Petitioner was accompanying him but to link him, the Respondent has the only evidence that when he was interrogated on 20.10.2009, he is alleged to have made a statement that Khekh Ram co-accused had taken his vehicle from him but later when he moved an application for release of the vehicle on 1.12.2009, which was finally decided on 22.1.2010, he made the averment therein that he had employed one Nepali National Prem Bahadur as driver in the said vehicle. Admittedly it was a taxi, registered with the Local Taxi Union. Except this, there is no evidence to link him with the alleged offence.

Without commenting upon the merits of the case, in my opinion, on the aforesaid facts, Petitioner can be enlarged on bail. As such the instant bail application is allowed and it is ordered that the Petitioner be released on bail on his furnishing bail bonds in the sum of Rs. 50,000/-with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kullu and this bail shall be subject to the conditions that the Petitioner:

(a) shall present himself in the court and to the Investigating Officer as and when required to do so.

(b) shall not tamper with the prosecution evidence in any manner.

(c ) shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer.

Needless to say in case he commits any breach of any of the conditions above, the liberty of bail shall be cancelled.

Any observation, made hereinabove is strictly for the disposal of this bail petition and shall not mean any expression on the merits of the case.

Let an authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Kullu forthwith for his information and necessary action at his end.

The copy be supplied to the counsel for the Petitioner, if applied urgently, as per rules. The application stands disposed of.