Village Shangana And Po Manikaran vs State Of Himachal Pradesh on 8 November, 2021

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Himachal Pradesh High Court

Village Shangana And Po Manikaran vs State Of Himachal Pradesh on 8 November, 2021

Bench: Jyotsna Rewal Dua

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

             ON THE 08th DAY OF NOVEMBER 2021




                                                            .
                           BEFORE





        HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





       CRIMINAL MISC. PETITION (MAIN) No. 1915 OF 2021

         Between:-


        SONAM DORJE ALIAS VIVEK,
        SON OF SH. KISHOR KUMAR,

        AGED 22 YEARS

        VILLAGE SHANGANA AND PO MANIKARAN,

        TEHSIL BHUNTAR & DISTT. KULLU,
        HIMACHAL PRADESH.

                                                 .....PETITIONER



        (BY SH. YASHVEER SINGH RATHORE AND
         SH. AJIT SHARMA, ADVOCATES)




        AND





        STATE OF HIMACHAL PRADESH.

                                               .....RESPONDENT





        (BY SH. KUNAL THAKUR, DEPUTY ADVOCATE GENERAL)

        Whether approved for reporting?
    __________________________________________________

                This petition coming on for orders this day, the

    Court passed the following:-




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                                      2



                                         ORDER

The petitioner is accused of supplying commercial .

quantity of contraband to the other two co-accused persons in FIR No.315/2020, dated 20.12.2020, registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) at Police Station Bhuntar District Kullu, H.P.

2. The petitioner was arrested on 17.02.2021. His previous bail petition bearing Cr.MP(M) No. 1289/2021 was dismissed on merits by the coordinate Bench vide order dated 24.08.2021. The relevant part of the order reads as under:-

"7. The decision of this Court in Satinder Kumar v. State of H.P., Cr.MP(M) No. 391 of 2020, decided on 4th Aug 2020, covers the proposition of law involved in this case, wherein this Court has held that satisfying the fetters of S. 37 of the NDPS Act is candling the infertile eggs. The ratio of the decision is that to get the bail in commercial quantity of substance, the accused must meet the twin conditions of S. 37 of NDPS Act. It implies that the accused should satisfy its twin conditions and come out clean.

8. The quantity of charas allegedly recovered from the petitioner is 1 kilogram 816 grams, and thus falls in the category commercial quantity. The arguments of learned counsel that the petitioner is tour and travel operator and the accused, who were tourists, had engaged his services, is not supported by any documentary evidence. A mere statement, at this stage, is not sufficient to discharge the burden cast by the legislature by Section 37 of NDPS Act. Given above, at this stage, the petitioner fails to make out a case for bail."

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3. In the present bail petition no substantial change in the circumstance has been pointed out. The status report filed by the .

respondent has given details of money transaction in the account of the bail petitioner from the accounts of the other two co-accused persons. Faced with this, learned counsel for the petitioner sought permission to withdraw the present petition with liberty to move afresh, in accordance with law. Prayer being innocuous has not been opposed by learned Deputy Advocate General. Accordingly, the petition stands dismissed as withdrawn with leave and liberty as prayed for. Pending miscellaneous application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua Judge November 08, 2021 (rohit) ::: Downloaded on - 31/01/2022 23:15:17 :::CIS

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