Laxmi Singh vs State Of Himachal Pradesh on 30 October, 2019

[Cites 2, Cited by 10]

Himachal Pradesh High Court

Laxmi Singh vs State Of Himachal Pradesh on 30 October, 2019

Bench: Jyotsna Rewal Dua

1 HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.MP(M) No.1885 of 2019 Decided on: 30.10.2019 Laxmi Singh ..........Petitioner .

Versus State of Himachal Pradesh .......Respondent _______________________________________________________________ Coram:

Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1 For the petitioner : Mr. Rajeshwar Thakur, Advocate.

For the respondent r ASI :

Keshav Mr. Anil Jaswal, Additional Advocate General.

Chand, Station(West), Shimla.

Police __________________________________________________________________ Jyotsna Rewal Dua, Judge (Oral).

By means of present petition filed under Section 439 of the Code of Criminal Procedure, the petitioner is seeking regular bail in case F.I.R. No.224/2019, dated 11.10.2019, under Section 21 of Narcotic Drugs and Psychotropic Substances Act, registered in Police Station, Boileauganj, Shimla.

2. I have heard Mr. Rajeshwar Thakur, learned counsel for the bail petitioner and Mr. Anil Jaswal, learned Additional Advocate General, for the respondent-State and also seen the status report filed by ASI Keshav Chand, Police Station(West), 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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Shimla and carefully gone through the relevant record for the adjudication of the instant petition.

3. The status report reveals that:- on 11.10.2019, a police .

party consisting of HC Madan Lal, HC Sanjeev Kumar and Constable Apurav Parmar, was present near Tuti-Kandi Bye Pass Road, Shimla. At around 12.10 a.m., the police patrolling party noticed the bail petitioner coming from the stairs of ground floor of Inter State Bus Terminal (ISBT), Shimla; the bail petitioner became perplex on seeing the police party and turned back thereby raising suspicion of police patrolling party;

the bail petitioner was stopped and asked about his details;

whereafter petitioner disclosed his parentage, address and age as 26 years; since the police patrolling party had suspicion about the bail petitioner carrying certain stolen articles, therefore, it carried out search of his back-pack (Pithu) in accordance with law in presence of witnesses Ajay Kumar and Roshandean. During search, one electronic scale, a broken spoon, a small transparent plastic pouch containing cream colour substance, were found; on the basis of experience of the police patrolling party, the substance contained in the transparent plastic pouch, was determined as heroin (Chitta);

the same was weighed on the electronic scale kept in I.O. Kit and found to be 4.50 grams; the other formalities in accordance ::: Downloaded on - 31/10/2019 20:25:52 :::HCHP 3 with law were completed; thereafter, FIR No.224/2019 was registered on 11.10.2019, under Section 21 of the NDPS Act, at Police Station Boileauganj, Shimla. The petitioner is in judicial .

custody w.e.f. 11.10.2019.

Observations:

4(a). The quantity of contraband is 4.50 grams, which is small quantity.

4(b). Bail petitioner is 26 years old and is in judicial custody w.e.f. 11.10.2019.

4(c). Status report does not reveal any previous criminal history of the bail petitioner. 4(d). But for the identification certificate of the bail petitioner, the investigation in the case is complete.

4(e). Bail petitioner is permanent resident of Village Sundli, P.O. & Tehsil Jubbal, District Shimla, therefore, his presence can be secured at trial.

5. In view of the above, instant petition is allowed.

Accordingly, the bail petitioner is ordered to be released on bail, in FIR No.224/2019, dated 11.10.2019, registered in Police Station, Boileauganj, Shimla, under Section 21 of Narcotic Drugs and Psychotropic Substances Act, subject to his furnishing personal bond in the sum of Rs.50,000/-, with one local surety in the like amount, to the satisfaction of learned Sessions Judge/Addl. Sessions Judge, Shimla. The bail is granted subject to the following conditions:-

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i). The petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law.

ii). The petitioner shall not hamper the investigation in any manner whatsoever.

iii). The petitioner undertakes not to contact the complainants, to threaten or browbeat them or to use any pressure tactics in any manner whatsoever.

iv). The petitioner shall not leave India without prior permission of the Court.

v). The petitioner undertakes not to 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 or tamper with the evidence.

It is clarified that the observations made above are only for the purpose of adjudication of the present bail petition and learned Trial Court shall not be influenced by any of these observations while deciding the case on merits. It shall be open for the prosecution to move for cancellation of the bail in case the petitioner abuses the liberty granted and breaches the conditions of bail.

The petition stands disposed of in the above terms.

Copy 'Dasti'.




                                         (Jyotsna Rewal Dua)
    October 30, 2019                            Judge
       (Yashwant)




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