Rama Nand Sharma vs State Of HP

Jyotsna Rewal Dua, J

For possessing commercial quantity of the contraband, i.e. 2.04 kgs. of cannabis, the petitioner is facing FIR No.29/2021, dated 29.03.2021,

registered at Police Station Rajgarh, District Sirmour, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short

‘NDPS Act’). A previous bail petition, being Cr.MP(M) No.707 of 2021, filed by the petitioner seeking regular bail, was dismissed as

withdrawn on 30.04.2021.

By means of instant petition, prayer for interim bail for a period of sixty days has been made.

Heard learned counsel for the parties and gone through the status report.

As per the status report, a police party was on routine traffic checking duty on 29.03.2021. At around 3:30 pm near Village Paneli, the patrolling

party noticed the petitioner coming from Jaghed Baag holding a bag on his shoulder. Seeing the police party, the petitioner turned backwards and

started running at fast pace. This act of the petitioner created doubts in the mind of police personnel. The petitioner was nabbed. His search was

carried out after associating independent witnesses. From the bag carried by the petitioner, cannabis weighing 2.04 kgs. was recovered. This recovery

led to registration of the FIR and the petitioner was arrested on 29.03.2021. According to the status report, during investigation, the petitioner statedly

disclosed purchasing the recovered cannabis from certain Nepali residents of his area. He intended to sell this contraband at Haridwar.

Since the petitioner was found in possession of commercial quantity of the contraband, therefore, provisions of Section 37 of the NDPS Act get

attracted. Interim bail has been prayed on the ground that the petitioner is 73 years old and there is spread of COVID-19 pandemic in the country. In

my considered view, the mere fact of old age of the petitioner and spread of COVID-19 pandemic in the factual position of the instant case, is not

sufficient to grant him interim bail. Therefore, the prayer of the petitioner for enlargement on interim bail cannot be accepted on these grounds. This

petition lacks merit and is accordingly dismissed. However, the respondent-State is directed to vaccinate the petitioner from COVID-19, if not already

vaccinated, in accordance with applicable instructions/guidelines. This, however, shall be subject to petitioner’s consent.

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.