Himachal Pradesh High Court
Dinesh Verma @ Vicky vs State Of H.P on 11 September, 2023
Author: Virender Singh
Bench: Virender Singh
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
Cr. MP(M) No. 2212 of 2023
Reserved on : 5.9.2023
Decided on : 11.9.2023
.
Dinesh Verma @ Vicky
...Applicant
Versus
State of H.P.
...Respondent
___________________________________________
of
Coram
Hon'ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
________________________________________________
rt
For the Applicant : Mr. Manoj Pathak,
Advocate.
For the Respondent : Mr. Mohinder Zharaick,
Mr. Tejasvi Sharma,
Additional AGs with Ms.
Leena Guleria, Dy. A.G.,
assisted by H.C. Rekha No.
113, P.S. West Shimla is
present alongwith records.
Virender Singh, Judge (oral)
The order of mine shall dispose of the bail application, which has been filed by the applicant, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC').
::: Downloaded on - 11/09/2023 20:34:51 :::CIS 22. By way of the bail application, the applicant has sought his release, on bail, during the pendency of the trial, in case FIR No. 141 of 2023, dated 28.6.2023, .
registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act') with Police Station, Shimla West, District of Shimla, H.P.
3. According to the applicant, he is an innocent rt person and has falsely been implicated, in the present case.
4. According to the applicant, on 28.6.2023, vehicle No. HP01-6439 was stopped for checking at Tara Devi and during search, 18.55 grams of heroin was recovered from two persons, namely, Chet Ram and Sewa Ram.
5. According to the applicant, allegations against him are false and he has nothing to do with the offence, for which, he has been arrested by the Police, in this case.
::: Downloaded on - 11/09/2023 20:34:51 :::CIS 3The applicant has termed the evidence, so collected by the police, against him, in this case, as fragile. The applicant has also asserted that five more FIRs have been registered .
against him.
6. On the basis of the above facts, Mr. Manoj Pathak, learned counsel, appearing for the applicant, has of given certain undertakings, for which, the applicant is ready to abide by, in case, he is ordered to be released on rt bail, during the trial.
7. A prayer has, therefore, been made to allow the bail application.
8. When put to notice, the police has filed the status report, disclosing therein, that on 28.6.2023, HC Manoj Kumar No. 195, Investigating Officer of the SUC-II, Shimla, submitted a ruqua to the Police Station, Shimla West, disclosing therein that on 28.6.2023, he alongwith, other police officials had left the office of SUC(II) at about 1:05 p.m. and proceeded towards the Old Bus Stand, 103 ::: Downloaded on - 11/09/2023 20:34:51 :::CIS 4 Tunnel, Barrier, Tara Devi, Shoghi etc.. At about 1:40 p.m., when he was present at Barrier alongwith other police officials, a secret information was received about .
the fact that in vehicle No. HP-01A-6439, two persons, namely Sewa Nand and Chet Ram, who are indulged in trade of heroin (chitta), coming from Solan to Shimla and of in case, the vehicle is searched, the contraband (chitta) could be recovered. The said information was found to be rt authentic and reliable.
8.1 It has been mentioned in the ruqua that in case, the search warrants are to be obtained, in that eventuality, there are chances that the contraband could be removed therefrom. As such, the I.O. has complied with the provisions of Section 42(2) of the ND PS Act and prepared the case and submitted the same to the Supervisory Officer, through constable Dinesh.
8.2 Thereafter, the I.O. alongwith other police officials had proceeded towards Tara Devi. When he ::: Downloaded on - 11/09/2023 20:34:51 :::CIS 5 reached on National Highway-5, then, near Tata Motor Service Station, at about 2:15 p.m., two persons came from Tara Devi Side, to whom I.O., as well as, other police .
officials had given their personal identification and also apprised them about the information, which the I.O. had received. On inquiry, they had disclosed their names as of Ajay Kumar and Sanjeev Kumar. Both of them were associated as independent witnesses, alongwith Constable rt Varun. Thereafter, picketing was done at about 2:45 p.m. During picketing, a white coloured vehicle No. HP-01A-
6439, being driven by its driver, was intercepted. The I.O.
signalled the vehicle to stop. Two persons were found sitting in the vehicle. After giving identification, they were also apprised about the information, which, the I.O. has received. Thereafter, the I.O. inquired the names of those persons. The persons have disclosed their names as Sewa Nand and Chet Ram.
::: Downloaded on - 11/09/2023 20:34:51 :::CIS 68.3 Both of them were directed to come out from the vehicle. Thereafter, the I.O., as well as, the police officials have given their personal search to the accused, .
but, nothing incriminating was found from the possession of the I.O., as well as, the police party.
8.4 Thereafter, the vehicle was searched and of during search, two white coloured plastic pouches were found, which, on opening was found to be stone shaped rt and powdered substance. The said substance, which on the basis of experience, as well as, on the disclosure of accused persons, was found to be heroin. On weighing, the same was found to 18.55 grams. The contraband was taken into possession, after complying with the other codal formalities.
8.5. On the basis of above facts, the police registered the FIR.
8.6 On 29.6.2023, both the accused persons, namely Chet Ram and Sewa Nand were produced before ::: Downloaded on - 11/09/2023 20:34:51 :::CIS 7 the Court and they were remanded to Police custody, by the Court of learned ACJM-I, Shimla.
8.7 On 30.6.2023, proceedings under Section 52-A .
of the NDPS Act were got conducted. The contraband was sent to State Forensic Science Laboratory, from where, positive report was received.
of 8.8. During investigation, accused Sewa Nand has disclosed that the contraband, which has been recovered rt from his possession, has been brought by them, at the instance of Dinesh Verma @ Vicky (applicant). Accused Sewa Nand has also disclosed his mobile number as 62309-59584. He has also disclosed that his cousin Inder Dev @ Danu is in judicial custody in District Jail, Kaithu and he used to meet him in jail. Once, when he went to meet him in jail, he provided the said mobile number to him with a direction that he will receive a call on this number and directed him to bring some articles from Chandigarh.
::: Downloaded on - 11/09/2023 20:34:51 :::CIS 88.9 After sometime, he received a call from the said number and the caller disclosed his name as Vicky.
The said person disclosed to him that some articles, .
belonging to him, have to be brought from Chandigarh.
8.10. Accused Chet Ram @ Vijay disclosed that both of them had gone in the aforesaid vehicle to Chandigarh, of where, some unknown person handed over heroin to them, which has been brought to Shimla by the said Sewa rt Nand and Chet Ram.
8.11 During investigation, said Sewa Nand and Chet Ram have also disclosed that for the purchase of heroin, Dinesh Kumar @ Vicky (applicant) had transferred the money in their accounts through Google Pay app.
8.12 It is further case of the police that during investigation, from the perusal of the CDR of mobile Number 70182-33467, w.e.f. 28.5.2023 to 27.6.2023, which is in the name of Sewa Nand, conversation has been found to have taken place for 10 times. As per CDR ::: Downloaded on - 11/09/2023 20:34:51 :::CIS 9 of mobile number, 62309-59584, it was found to be used by a number of accused, lodged in Kaithu Jail.
8.13 It is the further case of the police that as per .
the statement of Smt. Kanta, wife of applicant, mobile No. 62309-59584 belongs to her husband Vicky (applicant), who is in judicial custody. When the CDR of mobile phone of of Kanta was perused, it was found that from the said mobile number, number of calls were made on the mobile rt of Kanta, bearing No. 85809-95656.
8.14 It is the further case of the police that when, applicant Vicky was arrested, in connection with FIR No. 251 of 2022, under Sections 18-21-29 of the NDPS Act, with Police Station, Shimla West, then, the mobile number 62309-59584 was found from his possession.
8.15 According to the case of the Police, when, Google Pay account and bank accounts of accused Sewa Nand and Chet Ram were perused, it was found that in the account of Sewa Nand, a sum of Rs. 45000/- was ::: Downloaded on - 11/09/2023 20:34:51 :::CIS 10 transferred on 27.6.2023, from different accounts. Those account numbers are 30855869893, 4536000100099320 and 50100467928189, belonging to Vidya Verma, .
Rajneesh @ Bunty and Sanjay Chandel, respectively. The said persons were also associated in the investigation of the case.
of 8.16 During investigation, Vidya Verma disclosed that her sister-in-law Kaushalya requested her rt telephonically that she is in dire need of money, as such, on the request of her sister-in-law, Vidya Devi had transferred a sum of Rs. 10,000/- through Google Pay in the account of Sewa Nand. Similar statement has also been made by mother of the applicant.
8.17 It is the further case of the police that Rajneesh was also associated in the investigation, who had disclosed that he was lodged in District Jail, Kaithu, in a case registered against him. During his judicial custody, he met Inder Dev @ Danu. The said Inder Dev ::: Downloaded on - 11/09/2023 20:34:51 :::CIS 11 had lended a sum of Rs. 20,000/- to him, for bail.
Rajneesh @ Bunty was released on bail in the month of March. Thereafter, he remained in rehabilitation centre.
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On 17.6.2023, he received an information from Inder Dev from mobile No. 62309-59884 and demanded a sum of Rs. 20,000/- A sum of Rs. 15,000/- was stated to be of transferred on 27.6.2023 on Google Pay account No. 82191-78860.
8.18 rt Similarly, Sanjay Chandel was also associated in the investigation. He has disclosed that one Avtar Singh, who is in judicial custody in District Jail, Kaithu, called him from mobile No. 62309-59584 and disclosed him that his brother in law Ajit Singh will pay him Rs.
20,000/- in cash. Sanjay Chandel has been requested to transfer the amount in question on Google Pay No. 82191-78860. Consequently, he had transferred the amount, upon which, Chet Ram was also associated. Chet Ram disclosed that his brother-in-law Avtar Singh, who is ::: Downloaded on - 11/09/2023 20:34:51 :::CIS 12 lodged in District Jail, Kaithu, called him from mobile No. 62309-59584 and disclosed him that he has to return a sum of Rs. 20,000/-, upon which, he has taken money .
from his wife Pooja and handed over the same to Sanjay Chandel.
8.19 On the basis of above facts, accused Vicky of Dogra, Inder Dev, Dinesh @ Vicky (applicant) and Avtar Singh were arrested in this case.
8.20 rt The Police has also given the criminal history of the applicant, which is reproduced as under:
(i) FIR No. 152/2017, dated 28.8.2017, U/s 18 of the ND & PS Act, P.S. Theog, District Shimla.
(ii) FIR No. 168 of 2019, dated 8.10.2019, u/s 21 of ND & PS Act, P.S. Theog, District Shimla
(iii) FIR No. 171 of 2021, dated 2.2.2021, u/s 21 of ND & PS Act, P.S. Theog, District Shimla.
(iv) FIR No. 55 of 2023, dated 19.3.2023, u/s 21 of ND & PS Act, P.S. Theog, District Shimla.
(v) FIR No. 56 of 2023, dated 19.3.2023, u/s 21 of ND & PS Act, P.S. Theog, District Shimla.::: Downloaded on - 11/09/2023 20:34:51 :::CIS 13
(vi) FIR No. 218 of 2018, dated 24.10.2018, u/s 21 of ND & PS Act, P.S. Theog, District Shimla.
(vii) FIR No. 59/2020 dated 11.3.2020, u/s 21of ND & PS Act, P.S. Theog, District Shimla.
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9. It has been apprehended that the applicant is involved in the trade of heroin, as number of cases have already been registered against him. It is the case of the of police that in case, the applicant is released on bail, he may again indulge in similar activities.
rt
10. It has been submitted by learned Additional Advocate General that there is lot of resentment in the society, as number of persons have died due to addiction of heroion/chitta. The investigation is also stated to be underway, in this case, as such, in case, the applicant is ordered to be released on bail, he may affect the investigation.
11. On the basis of the above facts, a prayer has been made to dismiss the bail application.
::: Downloaded on - 11/09/2023 20:34:51 :::CIS 1412. Heard.
13. No doubt, the main accused has been released on bail. However, keeping in view the fact that according .
to case of the police, despite his being lodged in judicial custody, the applicant is still managing the trade of Chitta/heroin, read with the fact that seven cases, have of been registered against the applicant, though, conviction has not been inflicted by the competent Court of law, an rt inference can be drawn that the applicant has been named in seven cases, under the ND&PS Act, that too, in District Shimla only.
14. In such situation, apprehensions, which have been expressed by the Police in the status report, at this stage, cannot be said to be unfounded.
15. While deciding the question of bail, a delicate balance between individual liberty and larger interest of the society, has to be maintained.
::: Downloaded on - 11/09/2023 20:34:51 :::CIS 1516. Moreover, the seriousness of the offences, is one of the consideration, while deciding the question of bail. The applicant, as per the case of the Police, has .
financed the trade of heroin, by getting the amount transferred from the bank accounts of his relatives.
17. As per the status report, in account of Sewa of Nand, a sum of Rs. 45,000/- was transferred from the account of Vidya Verma, who is real maternal aunt of the rt applicant. Accused Sewa Nand is resident of Tehsil Karsog, District Mandi, whereas, the applicant is resident of Tehsil Theog, District Shimla.
19. Release of applicant, on bail, in the above background, will also give a wrong signal to the society, that, after being arrested, in such a heinous offence, the applicant is still moving freely in the society. His release will also allure other persons, who want to be rich overnight by indulging in such activities.
::: Downloaded on - 11/09/2023 20:34:51 :::CIS 1619. In view of aforesaid discussions, the present application is dismissed.
20. Any of the observations, made hereinabove, .
shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.
of
(Virender Singh)
rt Judge
September 11, 2023
Kalpana
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