Rajbir @ Satbir vs State of Haryana

M.L. Koul, J.

Rajbir alias Satbir, has been arrested by the police on chance interception while he was carrying 2 kgs. of poppy husk in his possession in F.I.R. No. 410 dated 18.7.1996 registered against him under Section 15/61/85 of the NDPS Act at Police Station, City Hisar.

The petitioner moved an application for bail before the learned Additional Sessions Judge, Hisar. While going through the order one does not understand as to what is the purport of the order on the basis of which the bail has been rejected. It is contended by Mr. Balhara that the petitioner has also been involved in another offence under the same provisions of the Act for having held 10 Kgs. of poppy husk in his possession for which he is facing trial before the competent Court of law. As the petitioner was ill, therefore his bail bond was cancelled by the trial Court and for that reason he approached this Court for grant of bail and one of the learned Benches of this Court vide order dated 14.6.1996 granted bail to the petitioner.

It is contended by the counsel for the petitioner that the petitioner has been falsely involved in this case by the police as the police officer was demanding bribe from him; otherwise the petitioner was not possessing 2 Kgs. of poppy husk in his possession at the time of his alleged arrest. He was taken away from his home regarding which affidavits have been filed before the learned Additional Sessions Judge.

No doubt the Additional Sessions Judge could not take notice of those affidavits for grant of bail but the other circumstances of the case could be taken into consideration whether a person could hold 2 Kgs. of poppy husk for the purposes of smuggling. However, this matter requires determination by the trial Court at the time of trial of the case and the affidavits produced by the petitioner could be proved by him in his defence by examining such persons as defence witnesses.

Both the High Court and Court of Session are empowered with special powers regarding bail under Section 439 of the Code of Criminal Procedure. A Sessions Judge is not supposed to dispose of the bail application merely saying that a person is involved in an offence under the NDPS Act. He has to consider the merit of each case, the quantity of contraband seized, the character, antecedents sand past criminal record of the accused for the purposes of grant or refusal of bail. It has been often found that the Sessions Judges are acting as post offices and are dealing with the bail applications so curiously that one does not know as to what is the purport and meaning of the orders passed by them. This order is one of those orders.

The petitioner is alleged to have been found in possession of 2 Kgs. of poppy husk and on chance interception he has been arrested by the police. Thus a good ground for grant of bail is made out in favour of the petitioner. He is thus directed to be released on bail in the amount of Rs. 12,000/ with one surety and a personal recognizance bond in the like amount to the satisfaction of Chief Judicial Magistrate, Hisar.