Himachal Pradesh High Court
Anjali Meghvanshi vs State Of H.P on 28 April, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.M.P(M) No. 970 of 2023
.
Decided on: 28th April, 2023
Anjali Meghvanshi .......Applicant
Versus
State of H.P. ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant: Mr. Mandeep Chandel,
Advocate.
For the respondent:
r Ms. Sharmila Patial, Addl. A.G with
Mr. Arsh Rattan and Ms. Ayushi
Negi, Dy. A.Gs.
Virender Singh, Judge. (Oral)
Applicant-Anjali Meghvanshi has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC'), for releasing her on bail, during the pendency of trial, in case FIR No. 14 of 2023, dated 20th January, 2023, registered with Police Station Manali, District Kullu, H.P., under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act').
1Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 28/04/2023 20:49:59 :::CIS 22. According to the applicant, she has falsely been .
implicated, in this case, for allegedly possessing the heroin weighing 20 grams.
3. According the factual position as asserted in the application, she is innocent and has nothing to do with the contraband, which has been stated to be recovered from her possession.
false. to She has termed the entire prosecution case as
4. The applicant is stated to be in judicial custody.
Highlighting this fact in the bail application, it has been pleaded that this fact itself demonstrates that her custodial interrogation is not required by the police.
5. According to further submissions made in the application, the chances of commencement of trial and its conclusion are not so bright and, as such, no useful purpose would be served by keeping the applicant the in judicial custody.
6. Learned counsel appearing for the applicant has given certain undertakings, for which, she i.e. applicant is ready to abide by in case released on bail, during the pendency of the trial.
::: Downloaded on - 28/04/2023 20:49:59 :::CIS 37. When put on notice, the police has filed the status .
report disclosing therein the I.O. PSI Ishant Sen has submitted the rukka to Police Station, disclosing therein, that on 20.01.2023 he along-with other police officials was on patrol duty. After conducting the patrolling duty on mall road, Old Manali, Log hut, when I.O along-with other police officials reached near Volvo bus-stand, then, in the light of vehicle, in which they were travelling, at about 12.20 in the night, they noticed one girl standing under the roof of slaughter house and at that time, it was raining. As such, I.O along-with Lady Constable Shashi Bala alighted down from the vehicle. On noticing the I.O as well as the Lady Constable, the said girl, all of a sudden, became perplexed and had thrown something inside the slaughter house, upon which, a suspicion has developed in the mind of the I.O. As such, with the help of Lady Constable and other police officials, the said girl was nabbed. On inquiry, she has disclosed her name as Anjali Meghvanshi (applicant) resident of Shaktinagar, Gulalbari, Ajmer, Rajasthan. She could not give satisfactory answer, about the thing, which she had thrown. Thereafter, the efforts to associate independent witnesses were made, upon which, ::: Downloaded on - 28/04/2023 20:49:59 :::CIS 4 independent witness was associated, who, on inquiry .
disclosed his name as Vijay Kumar. He was apprised about the factual position by the I.O. Thereafter, in the presence of the independent witness as well as the applicant, the thing which was thrown away by the applicant was opened. The same was found to be transparent polythene envelop containing light white coloured substance. On smelling and checking, it was found to be heroin/charas. On weighment, the same was found to be 20.43 grams. The said contraband was taken into possession. Other codal formalities were completed on the spot and the applicant was arrested.
8. In the further investigation, the contraband recovered was sent to the State Forensic Science Laboratory, Junga, from where positive report has been received. After completion of the investigation, the report under Section 173(2) Cr.P.C has been submitted in the Court of learned Special Judge, Kullu.
9. Lastly, it has been apprehended that requisite correspondence to ascertain the permanent address of the applicant has been submitted to the quarter concerned, but, the same has not yet been verified.
::: Downloaded on - 28/04/2023 20:49:59 :::CIS 510. On the basis of above facts, a prayer has been .
made to dismiss the bail application.
11. Heard.
12. The contraband allegedly recovered from the possession of the applicant does not fall within the definition of commercial quantity. The same falls within the definition of intermediate quantity. Since the contraband, so recovered, does not fall within the commercial quantity, as such, rigors of Section 37 of the NDPS Act are not applicable in the present case.
13. The bail applicant presently is in judicial custody.
This fact demonstrates that her custodial interrogation is no longer required by the I.O, in this case.
14. So far as the fact that her permanent address has not been verified by the requisite correspondence made with the quarter concerned, on this ground, the relief, which has been sought by the applicant could not be declined to her, as, sufficient time has been availed by the police to verify the permanent address of the applicant.
15. The explanation which has been given in the status report about the fact that the permanent address could not ::: Downloaded on - 28/04/2023 20:49:59 :::CIS 6 be verified, cannot be accepted, especially in view of the .
faster means of communication in the present era.
16. During the course of arguments, it has been pointed out by the learned Deputy Advocate General that the applicant is resident of Rajasthan. The said fact, even if considered as it is, then also, the same is not sufficient to can be imposed upon her.
r to decline the relief to the applicant, as reasonable conditions
17. No other criminal history of the applicant has been argued nor mentioned in the status report. As such, the presumption of innocence is still available to the applicant.
18. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.
19. The applicant is ordered to be released on bail in case FIR No. 14 of 2023, dated 20th January, 2023, registered with Police Station, Manali, District Kullu, H.P. under Section 21 of the NDPS Act, on her furnishing personal bail bond, in the sum of ₹50,000/-, with one surety of the like amount, to the satisfaction of learned Special Judge, Kullu, District Kullu, H.P. ::: Downloaded on - 28/04/2023 20:49:59 :::CIS 7 This order, however, shall be subject to the following .
conditions:
a) She shall make herself available for the purpose 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) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
c) She 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) She shall not leave the territory of India without the prior permission of the Court.
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.
::: Downloaded on - 28/04/2023 20:49:59 :::CIS 821. It is made clear that the respondent-State is at .
liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.
22. 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.
23. to In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Kullu is directed to inform this fact to the Secretary, DLSA, Kullu. The Superintendent of Jail, Kullu 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.
April 28, 2023 ( Virender Singh )
(naveen) Judge
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