Jagdish vs State Of H.P

Bipin Chander Negi, J

The present petition was filed on 02.01.2024, and the status report was called on the very said date. Post considering the status report, the petitioner was granted interim protection on 04.01.2024. A fresh status report has been filed in the case at hand on 05.03.2024.

Brief facts giving rise to the case at hand are that on 28.12.2023, one Rattan Lal was apprehended with the contraband. On inquiry, he had divulged that for transporting the contraband he was to be paid a sum of Rs. 20,000/- by the present petitioner. The said Rattan Lal has further stated that out of 20,000/-, a sum of Rs. 3,000/- has already been received by him.

Other than the aforesaid, a perusal of the status report reflects the CDR dated 28.12.2023 between Rattan Lal and the present petitioner.

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

Learned counsel for the petitioner has placed reliance on Judgments passed by Hon’ble Apex Court in case titled Tofan Singh vs. State of Tamil Nadu (2021) 4 SCC 1. and State by (NCB) Bengaluru v. Pallulabid Ahmad Arimutta and Anr., Special Leave to Appeal (Crl) No. 242 of 2022, decided on 10.01.2022.

From a perusal of the aforesaid judgments, it is evident that voluntarily statement of the co-accused recorded under Section 67 of NDPS Act remains in admissible in the trial of an offence under the NDPS Act. Other than the aforesaid, from reading of the aforesaid judgments, it is evident that CDR details interse the accused is an aspect that is to be examined, at the stage of trial.

Accordingly, present petition is allowed and petitioner is directed to be enlarged on bail and interim bail granted on 04.01.2024 is confirmed. The bail is granted subject to the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial:

(a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

(b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and

(d) He shall not leave the territory of India without the prior permission of the Court.

It is clarified that if the petitioner misuses the liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail.

Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. The petition stands accordingly disposed of.

A downloaded copy of this order shall be accepted by the learned trial Court, while accepting the bail bonds from the petitioner and in case, said court intends to ascertain the veracity of the downloaded copy of order presented to it, same may be ascertained from the official website of this Court.