Himachal Pradesh High Court
Amit Kumar @ Meeta vs State Of Himachal Pradesh on 7 January, 2021
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.M.P.(M) No. 1719 of 2020
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Date of Decision: January 7, 2021
Amit Kumar @ Meeta ...Petitioner.
Versus
State of Himachal Pradesh ..Respondent.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Sahil Malhotra, Advocate, through Video
Conferencing.
For the Respondent: Mr.Raju Ram Rahi, Deputy Advocate
General, through Video Conferencing.
Vivek Singh Thakur, J (Oral)
Petitioner herein, has been arrayed as an accused on the basis of disclosure statements of Chiranji Lal and Neeraj Kumar co-accused in FIR No.133 of 2020 dated 18.08.2020, registered in Police Station Padhar, District Mandi, H.P., under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act' in short), from whom about 8 grams of heroin/Chitta was recovered when car in which they were travelling was intercepted by the police for checking.
1Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 07/01/2021 20:38:28 :::HCHP 22. Petitioner has approached this Court under Section 439 Code of Criminal Procedure (in short 'Cr.P.C.'), for enlarging him on bail. He has been arrested on 18.08.2020 and since then, .
after remaining in police custody during initial days, he is in judicial custody.
3. It is stated in the status report that when police had approached petitioner-Amit Kumar @ Meeta he had chewed some papers which were taken in to possession and sent for chemical examination, however, as per Chemical Analyst's report received from Forensic Science Laboratory, Junga, these paper pieces were not containing either heroin or any other Narcotic Drugs and Psychotropic Substance, mentioned in the Schedule and Notification of NDPS Act.
4. 8 grams of heroin was recovered from co-accused Chiranji Lal and Neeraj Kumar, who had disclosed that same was provided to them by the present petitioner. Both of them have been enlarged on bail by this Court vide judgment dated 04.01.2021 passed in Cr.M.P.(M) Nos. 1696 and 1730 of 2020.
5. It is claim of the petitioner that he has been arrayed as an accused, on suspicion only despite the fact that there is no evidence against him with respect to supply of heroin to Neeraj Kumar and Chiranji Lal.
6. Learned Deputy Advocate General, on the basis of status report, had pointed out that petitioner was not disclosing his correct address as at different times he had disclosed his address differently i.e. one address of Kullu and another of Mandi. In response thereto, Uma Devi wife of petitioner has filed an affidavit, ::: Downloaded on - 07/01/2021 20:38:28 :::HCHP 3 wherein she has stated that address of petitioner Amit Kumar @ Meeta, as mentioned in Aadhar Card, is 294/3, Ward No.3, Post Office Mandi, Tehsil Sadar, Jail Road, Mandi, H.P. She has further .
stated that at present, petitioner has been residing with her since the year 2008 and her address, as mentioned in Aadhar Card, is 294/3, Ward No.3, Post Office Mandi, Tehsil Sadar, Jail Road, Mandi, H.P. and further that her above referred address is identical to the address of petitioner mentioned in memo of parties.
7. Without going into the merits and rival contentions of the parties and avoiding evaluation of material on record on its merit, considering quantity of alleged recovered contraband, period of detention of the petitioner and also enlargement of co-accused on bail, at this stage, petitioner may be enlarged on bail.
8. Accordingly, petition is allowed and petitioner is ordered to be released on bail in case FIR No.133 of 2020 dated 18.08.2020, registered in Police Station Padhar, District Mandi, H.P., under Sections 21 and 29 of the NDPS Act, on his furnishing personal bond in the sum of `50,000/- with one surety in the like amount, to the satisfaction of the trial Court, within three weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial and also subject to following conditions:-
(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;
(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person ::: Downloaded on - 07/01/2021 20:38:28 :::HCHP 4 acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate .
the prosecution witnesses;
(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;
(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;
(v) that the petitioner shall not misuse his liberty in any manner;
(vi) that the petitioner shall not jump over the bail; and
(vii) that petitioner shall not leave the territory of India without prior information. He shall inform the Police/Court his contact number and shall keep on informing about change in address and contact number, if any, in future.
9. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.
10. In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.
11. Trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc.
Instructions/93-IV.7139 dated 18.03.2013.
::: Downloaded on - 07/01/2021 20:38:28 :::HCHP 512. Observations made in this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.
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13. The trial Court shall not insist for certified copy of the order and can verify the same from the High Court Website and from the Registry before accepting the bail bonds to be furnished by the petitioner. Petitioner is at liberty to produce the downloaded copy of the order from the High Court Website.
14. Petition is disposed of in aforesaid terms.
Copy dasti on usual terms.
(Vivek Singh Thakur), Judge.
January 7, 2021 (Purohit) ::: Downloaded on - 07/01/2021 20:38:28 :::HCHP