Rajiv Kumar @ Raju vs State Of H.P

Jyotsna Rewal Dua, J

The petitioner is accused of supplying 11.17 grams of heroin to four other accused persons in FIR No. 26 of 2023, dated 17.03.2023, registered under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act (the Act in short) at Police Station East Shimla, District Shimla, H.P. The petitioner has prayed for his enlargement on regular bail.

The prosecution case is that the police officials were on patrol duty on 16.03.2023. At around 12:15 a.m., patrol party noticed a vehicle near Sai Mandir Pujarli, Shimla heading towards Mehli. The light inside the vehicle was on and four persons were found sitting therein. The police officials asked the occupants of the vehicle the reasons for their sitting in the vehicle. No satisfactory response came. Due to night hours, the activities of these four persons raised suspicion in the mind of the officials. They thought it fit to carry out search of the vehicle. The person sitting on the driver seat disclosed his name as Chirag Sood. The person sitting adjacent to the driver seat disclosed his name as Paras Chauhan. The persons occupying the back seat gave their names as Sahil Chona and Akhil. The vehicle was searched in accordance with law. In a plastic pouch, recovered by the police officials from the box near the Gear liver, 11.17 grams of heroin was found. This recovery led to registration of the FIR and arrest of all the four occupants of the vehicle. During investigation, the accused stated to have procured the heroin for a sum of Rs.65000/- from Rajiv Kumar (petitioner herein). On the identification of co-accused, Chirag Sood, petitioner was arrested on 19.03.2023. The respondent carried out investigation from the petitioner as well. During investigation, it transpired that the petitioner was drug addict and had been consuming heroin for the last many years. For the past 5-6 months, efforts were being made by his mother for petitioner’s treatment and de - addiction. The status report filed by the respondent mentions that the petitioner during investigation had disclosed procuring the heroin from some unknown person of Nigerian Nationality in Ambala.

Learned counsel for the petitioner stated that the petitioner has not committed the offence alleged against him. In any case, the respondent has completed the investigation. No recovery is to be effected from the petitioner. The petitioner is behind the bars w.e.f. 19.03.2023. He is the only son of his single mother. Even as per status report, for the past six months, petitioner’s mother has been making serious efforts for the treatment of the petitioner and for his de-addiction. Prayer was made to enlarge the petitioner on bail. It is further submitted that the petitioner will abide by all the terms and conditions, which may be imposed by the Court while allowing his request for releasing him on bail.

Learned Deputy Advocate General opposed the bail plea and submitted that the petitioner has been accused of supplying heroin weighing 11.17 grams to four other co-accused in the FIR. He does not deserve to be enlarged on bail.

Petitioner is facing allegation of supplying 11.17 grams of heroin to co-accused persons. The quantity through falls in the intermediate category, but is near to ‘small quantity’ notified under the Act. The record reveals that all four occupants of the vehicle from which the contraband was recovered, have been enlarged on bail vide different orders passed by learned Trial Court. The petitioner has already spent about two months in custody. Investigation in the matter is complete and no recovery is to be effected from the petitioner. The trial of the case will take sufficient time for its disposal. The petitioner is resident of the State, therefore, there is no real apprehension of his fleeing from justice. In the facts and circumstances of the case, further detention of the petitioner is not warranted.

In view of the above, the petitioner has made out a case for grant of regular bail. Accordingly, the present petition is allowed. Petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two local sureties each in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the Police Station concerned, subject to the following conditions: -

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii) . The petitioner will not leave India without prior permission of the Court.

(iv) . The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v). Petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

(vii) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR under NDPS Act, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.