Himachal Pradesh High Court
Arun Bhatti vs Of on 21 September, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.M.P(M) Nos. 2345 & 2348 of 2023 .
Decided on: 21st September, 2023
Cr.M.P(M) No. 2345 of 2023
Arun Bhatti .......Applicant
Versus
of
State of H.P. ...Respondent
Cr.M.P(M) No. 2348 of 2023
Uma Devi @ Mombati
rt .......Applicant
Versus
State of H.P. ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1 For the applicant(s): Mr. Nand Lal Thakur, Advocate.
For the respondent: Mr. H.S. Rawat, Addl. A.G with Ms. Leena Guleria, Dy. A.G. HC Pradeep Kumar No.90, PS, Sadar, Distt. Mandi is also present along-with record.
Virender Singh, Judge.
This order of mine shall dispose of above titled bail applications, which have been filed the by the applicants, 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 21/09/2023 20:35:50 :::CIS 2under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC'), for releasing them on bail, .
during the pendency of trial, in case FIR No. 192 of 2023, dated 3rd August, 2023, registered with Police Station Sadar, District Mandi, H.P., under Sections 21 and 29 of the of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act').
2. According to the applicants, they have falsely been rt implicated in the present case, at the instance of police, whereas, according to them, they are innocent person and have no concern with the offences, for which, they have been arrested in this case.
3. According to the applicants, investigation, in the present case, is complete and nothing is to be recovered from them or at their instance.
4. The applicants are stated to be judicial custody.
According to them, no useful purpose would be served by keeping them in the judicial custody as chances of commencement and conclusion of trial against them are not so bright.
5. The applicants have earlier tried their luck before the learned Special Judge, Mandi, District Mandi, H.P. by ::: Downloaded on - 21/09/2023 20:35:50 :::CIS 3 filing the bail applications, however, the said applications were dismissed by the learned Special Judge vide order dated .
05.09.2023.
6. It is further case of the applicants that marriage of applicant Arun Bhatti has been fixed for 24.09.2023 to of 26.09.2023 and on this ground also, they have sought the relief of bail. To substantiate their stand, photocopy of invitation card of marriage of applicant Arun Bhatti has also rt been annexed with the application.
7. The applicants have also mentioned about the detail of criminal cases which have been registered against them.
8. On the basis of above facts, a prayer has been made to release them on bail.
9. The applicants have also given certain undertaking, for which, they are ready to abide by, in case, ordered to be released on bail.
10. When put to notice, the police has filed the status report, disclosing therein, that on 03.08.2023, Constable Pawan Kumar No. 518, SIU, Mandi has submitted a rukka to the police of Police Station, Sadar. The said rukka was forwarded to the Police Station, Sadar by HC Pradeep Kumar ::: Downloaded on - 21/09/2023 20:35:50 :::CIS 4 No. 75, IO SIU, Mandi, disclosing therein, that on 03.08.2023, he, along-with other police officials, was on .
patrolling duty to detect crime relating to narcotic drugs and when, he was present, at a place known as Sakodi bridge, Mandi, at about 12.30 p.m., he received a secret information of regarding the fact that on Jail Road Mandi, one lady namely, Uma Devi wife of Amit Kumar resident of House No. 294/3, Jail Road Mandi is doing business of selling smack/chitta to rt the customers in small pouches with the help of her daughter Amisa, son Arun Bhatti (applicant) and nephew Abhishek.
10.1. The said information was found to be authentic and reliable and it has also been informed that if the raid is conducted, large quantity of smack/chitta could be recovered.
According to the I.O., the Court was situated at a considerable distance from there and in case, search warrants are to be obtained, in that eventuality, chances of removal of the contraband from the spot were there. As such, he has complied with the provisions of Section 42(2) of the NDPS Act and prior information to the Additional Superintendent of Police, Mandi was given through Constable Chirag No. 864.
::: Downloaded on - 21/09/2023 20:35:50 :::CIS 510.2. Thereafter, the I.O. has looked for the independent witnesses. When, he reached near Shiv Temple, Jail Road, .
Mandi, then, two persons met him. On inquiry, they disclosed their names as Puneet Thakur and Dinesh Kumar.
Both of them were apprised about the secret information, of which the I.O. had received and requested them to be the independent witnesses, upon which, both of them have volunteered to be the independent witnesses. Consequently, a rt raiding party was constituted. The raiding party, so constituted, thereafter reached at the spot. In the house, one lady, one girl and two persons were found. They have also been apprised about the secret information, as well as the reasons for conducting the search of the room. On inquiry, the said lady had disclosed her name as Uma Devi (applicant), the girl had disclosed her name as Amisa, one boy had disclosed his name as Arun Bhatti(applicant) and the second boy had disclosed his name as Abhishek. Uma Devi (applicant) has identified the girl as her daughter, Arun Bhatti (applicant) as her son and Abhishek as her nephew. In the courtyard, the I.O., as well as, police officials had given their personal search and the said fact was documented.
Thereafter, the house of Uma Devi (applicant) was searched.
::: Downloaded on - 21/09/2023 20:35:50 :::CIS 610.3. During search of the house, on the ground floor, in the hall, from the back of the double bed, small bag was .
found, which on opening, was found containing currency notes in the denomination of Rs.500/-. Along-with it, one silver coloured weighing machine, along-with one polythene of pouch containing granule shaped substance. Along-with above articles, 35 small pouches made of polythene containing muddy coloured substance were found. When one rt pouch was opened, the same was found to be containing orange coloured substance, which, on checking with the drug detection kit was found to be heroin. On weighment of the entire substance, the weightment of herion was found to be 7.90 grams, whereas, on weighment of paper pouches, the same was found to be 2.75 grams. The contraband so recovered was taken into possession and on the basis of rukka, FIR in question has been registered against the accused persons. The accused were arrested and other codal formalities were completed.
11. As per status report, following five cases were found registered against applicant Uma Devi:-
1. FIR No. 257 of 2006 dated 26.06.2006 under Section 21 of ND&PS Act registered with Police Station, Sadar, District Mandi, H.P. ::: Downloaded on - 21/09/2023 20:35:50 :::CIS 7
2. FIR No. 210 of 2011 dated 14.08.2011 under Section 21 of ND&PS Act registered with Police .
Station, Sadar, District Mandi, H.P.
3. FIR No. 08 of 2008 dated 08.09.2008 under Section 21 of ND&PS Act registered with Police Station, SV&ACB, Mandi, H.P.
4. FIR No. 362 of 2019 dated 27.12.2019 under of Section 21 of ND&PS Act registered with Police Station, Sadar, District Mandi, H.P.
5. FIR No. 47 of 2021 dated 05.03.2021 under Section 21 of ND&PS Act registered with Police Station, rt Sadar, District Mandi, H.P.
12. Similarly, following three cases were found registered against applicant Arun Bhatti:-
1. FIR No. 325 of 2018 dated 30.10.2018 under Section 21 of ND&PS Act registered with Police Station, Sadar, District Mandi, H.P.
2. FIR No. 45 of 2019 dated 26.06.2006 under Sections 457, 379 & 120B IPC registered with Police Station, Sadar, District Mandi, H.P.
3. FIR No. 169 of 2022 dated 25.10.2022 under Section 21 of ND&PS Act registered with Police Station, Barmana, District Bilaspur, H.P.
13. As per status report filed today, in case FIR Nos.
257 of 2006 and 210/2011, applicant Uma Devi has been acquitted and three other cases are still pending adjudication, whereas, all the three cases against applicant Arun Bhatti are pending adjudication in the competent Court of law.
::: Downloaded on - 21/09/2023 20:35:50 :::CIS 814. The prayer as made by the applicants in the bail applications has been opposed by the police on the following .
grounds:-
i) That the applicants are involved in the business of narcotics for the last 16-17 years and in order to substantiate the said fact, their criminal cases has been put forwarded.
of
ii) Accused Uma Devi, her son, daughter and nephew has indulged in the organized business of narcotics.
iii) No member of the family of Uma Devi is working rt anywhere, but all of them are doing the illegal business of narcotics in Mandi.
iv) The applicants are stated to be habitual offender and after release on bail, they may again indulge in the similar activities.
v) In case they are released on bail, they may coerce the witnesses; and
vi) Lastly, it has been apprehended that the applicants have indulged in the illegal trade of narcotics and their activities are being opposed by the general public.
15. On the basis of above facts, a prayer has been made to dismiss the applications.
16. Registration of cases against the applicants, at this stage, is not sufficient to conclude that they are habitual offenders as no conviction has been inflicted upon the applicants by the competent Court of law in those cases. The ::: Downloaded on - 21/09/2023 20:35:50 :::CIS 9 investigation is at the advance stage as only result from FSL is still awaited.
.
17. The contraband allegedly recovered from the possession of accused persons does not fall within the definition of 'commercial quantity', as such, rigors of Section of 37 of the NDPS Act are not applicable, in the present case.
18. The chances of commencement and conclusion of trial in near future are not so bright, as such, no useful rt purpose would be served by keeping them in judicial custody for indefinite period. The relief, cannot be declined merely on the basis of the fact that number of cases have been registered against the applicants.
19. The role allegedly played by the applicants in the commission of the offence will be proved during the course of trial. However, keeping in view the fact that other cases have also been registered against the applicants under the provisions of narcotics, this Court is of the view that stringent conditions can be imposed upon the applicant, in case, they are ordered to be released on bail.
20. Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and are accordingly allowed.
::: Downloaded on - 21/09/2023 20:35:50 :::CIS 1021. The applicants are ordered to be released on bail in case FIR No. 192 of 2023, dated 3rd August, 2023, .
registered with Police Station Sadar, District Mandi, H.P., on their furnishing personal bail bond, in the sum of ₹75,000/-
each, with one surety each of the like amount to the of satisfaction of learned CJM/JMFC stationed at Mandi. This order, however, shall be subject to the following conditions:
a) They shall make themselves available for the purpose rt of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;
b) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
c) They shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and
d) That the applicants shall appear before the SHO, Police Station, Sadar, Distt. Mandi on every Friday at 5.00 p.m. and this arrangement shall continue for the next six months. In addition to this, the applicants are also directed to inform the SHO, Police Station, Sadar, Distt. Mandi regarding their proposed visit out of Mandi town.
e) They shall not leave the territory of India without the prior permission of the Court/I.O.
::: Downloaded on - 21/09/2023 20:35:50 :::CIS 1122. 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 applications.
23. It is made clear that the respondent-State is at of liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicants.
24. rt The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Mandi through e-
mail, with a direction to enter the date of grant of bail in the e-prison software.
25. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Mandi is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent of Jail, Mandi is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.
September 21, 2023 ( Virender Singh )
(naveen) Judge
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