Parveen Kumar vs State Of Himachal Pradesh

 Vivek Singh Thakur, J

Present petition has been filed under Section 439 Cr.P.C by the petitioner for enlarging him on regular bail in case FIR No.148/2018, registered in

Police Station Majra, Paonta Sahib, District Sirmour, under Section 15 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as

“NDPS Actâ€​).

Status report stands filed, wherein it is stated that on 1st November, 2018, a secret information was received by Special Investigating Unit at

District Sirmour that a young boy on his Motorcycle bearing No.HP17C-5164 is transporting poppy husk from Haripur Khol side towards Kollar,

whereupon police party rushed towards the spot and found the aforesaid Motorcycle being driven by the petitioner along with two plastic bags. On

interception, 57.220 K.Gs of poppy husk/chura posth (bhukki) was found in two plastic bags which was taken in possession and petitioner was

arrested. During investigation, petitioner had disclosed that his maternal uncle Ramesh Kumar had called him through telephonic instructions and had

handed over two plastic bags to him by saying that his truck was out of order, however, his maternal uncle namely Ramesh Kumar had absconded

from the spot and had applied for bail by filing petition in the Court. It is further stated in the status report that in footage of CCTV Camera affixed by

the Forest Department on Checking Post, Haripur, it is visible that petitioner was going towards Bilaspur and thereafter coming back on his

Motorcycle with two plastic bags.

It is also stated in the status report that after rejection of bail application filed by maternal uncle of the petitioner, he (maternal uncle) had committed

suicide on 13.12.2018 in the forest of Kollar.

Petitioner is 19 years old and at the time of incident, he was studying in BA- Ist Year in Govt. College Nahan. He is behind the bars since 1st

November, 2018.

It is submitted on behalf of the petitioner that the petitioner was not having any knowledge that in the plastic bags poppy husk was being transported

by his maternal uncle and in fact the said poppy husk belongs to his maternal uncle, who feeling guilty for unfortunate arrest and involvement of the

petitioner on account of his act, had committed suicide.

In response to the order passed on 31st July, 2020, learned Additional Advocate General submits that as per instructions received from Mr.

Eklavoy, learned Deputy District Attorney, the claim of the petitioner is correct that his trial was listed from examining the witnesses on 20th

September, 2019, 22nd November, 2019 and 16th January, 2020, but till date, not even single witness has been examined by the prosecution.

Considering the entire facts and circumstances, a case for enlarging the petitioner on bail has been made out at this stage and in my opinion it is a fit

case where no fruitful purpose is going to be served by keeping the petitioner behind the bars during pendency of trial and accordingly, he is ordered to

be enlarged on bail in present case, subject to his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the

satisfaction of the trial Court within three weeks from today, subject to the following conditions:-

(i) That the petitioner shall make himself available before the trial Court on each and every date 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 he shall not obstruct the smooth progress of the trial;

(iv) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in

advance, to P.S. Majra, District Sirmour.

(v) That petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is

suspected.

(vi) That petitioner shall not misuse his liberty in any manner.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and

circumstances of the case and in the interest of justice. It will also 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.

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.

Petition stands disposed of.

Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the

disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.

Dasti copy on usual terms.

Registry to transmit a copy of this Court to the trial Court through e-mail.