Vijay Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Prayer in this case is for enlargement on bail in FIR No. 206/2020, dated 17.7.2020 registered under Section 20 of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') at Police Station, Nurpur, District Kangra, Himachal Pradesh.

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

As per the status report, on 17.7.2020, at around 7:55 P.M. a police patrolling party, during a search carried out in accordance with law recovered 111.51 grams of cannabis from a motor cycle driven by the petitioner. This led to registration of the FIR. Petitioner was arrested on 18.7.2020.

A previous bail application filed by the petitioner was rejected by the learned trial Court vide order dated 18.8.2020.

Learned vice Counsel for the petitioner submitted that the petitioner has been falsely implicated with the alleged offence. The quantity allegedly recovered from the petitioner in the FIR in question is 111.51 grams, which falls in the commonly known as 'intermediate quantity', therefore, rigors of Section 37 of NDPS Act will not be attracted. Learned Counsel submitted that though previously a case for possessing 121.26 grams of cannabis had been registered against the petitioner and present FIR has been registered while the petitioner was on bail in the previous case, yet considering the fact that petitioner is aged 23 years and a student, one more opportunity be granted to him to improve himself. Hence, she prayed for enlargement of the petitioner on bail.

Learned Assistant Advocate General has opposed the bail on the ground that petitioner is a repeat offender and was earlier also involved in FIR No. 117/2019 registered on 3.6.2019 under Section 20 of NDPS Act at Police Station, Nurpur.

The quantity allegedly recovered from the petitioner in the instant FIR is 111.51 grams, which admittedly does not attract provisions of Section 37 of the NDPS Act. The investigation in the case is complete. Nothing remains to be recovered from the petitioner. The challan in the instant case stands presented before the competent Court on 5.9.2020. Status report indicates that previously an FIR No. 117/2019 was registered against the petitioner under Section 20 of the NDPS Act on 3.6.2019 at Police Station, Nurpur, wherein the quantity of the cannabis involved was 121.26 grams, which again falls in the intermediate quantity notified under the NDPS Act. Learned Assistant Advocate General has made available a copy of the order dated 29.6.2019 passed by learned trial Court wherein one of the condition imposed while granting bail to the petitioner in FIR No. 117/19 was that 'bail applicant will not indulge in similar activities in future'. While on bail, petitioner has repeated the offence leading to registration of instant FIR. Status report does not mention filing of any application by the respondent for cancellation of bail granted in FIR No. 117/19. Though discretionary remedy of bail does not deserve to be exercised in favour of the petitioner, yet considering the fact that petitioner is aged 23 years and pursuing his studies coupled with present Covid-19 pandemic, one last chance is being granted to the petitioner to mend his ways with stringent condition that in case in future he is found to be involved in any offence specially under the NDPS Act, his instant bail is liable to be cancelled.

Petitioner is resident of village Thorra, Post Office Thorra Bhaloon, Tehsil and Police Station, Nurpur, District Kangra, therefore, his presence can be ensured in the trial. Accordingly, the present bail petition is allowed. Petitioner is ordered to be released on bail on his furnishing personal bond of Rs. 50,000/ - with one local surety in the like amount to the satisfaction of learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever:

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

(iv) 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) In case of launching of prosecution, 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 the petitioner is arraigned as an accused in future, in any FIR, more particularly under the NDPS Act, then this 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 above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy Dasti.