Himachal Pradesh High Court
Paramjeet Alias Goshan vs State Of Himachal Pradesh on 4 January, 2021
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.M.P.(M) No. 2212 of 2020
.
Reserved on: 31.12.2020
Date of Decision: January 4, 2021
Paramjeet alias Goshan ...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. N.S. Chandel, Senior Advocate,
alongwith Mr.Vinod K. Gupta, Advocate,
through Video Conferencing.
For the Respondent: Mr.Desh Raj Thakur, Additional Advocate
General, through Video Conferencing.
Vivek Singh Thakur, J.
Petitioner, who has been arrested on 02.08.2020 for recovery of 7.21 grams heroin/Chitta, has approached this Court under Section 439 Code of Criminal Procedure (in short 'Cr.P.C.'), seeking regular bail in case FIR No.100 of 2020 dated 02.08.2020, registered in Police Station Damtal, District Kangra, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act' in short).
1Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 04/01/2021 20:18:41 :::HCHP 22. Petitioner had approached this Court earlier also by filing Cr.M.P.(M) No.1595 of 2020 which was dismissed as withdrawn on 15.10.2020.
.
3. As per status report, on 02.08.2020, noticing police party, the petitioner had turned back at once and had thrown something which, on suspicion was picked up from the spot in presence of independent witnesses associated during search and seizure process and was, on verifying through Drug Detection Kit, found to be heroin/Chitta.
4. It is also stated in the status report that petitioner has also been found involved in cases under NDPS Act in case FIRs No.194 of 2017 dated 05.08.2017 and 89 of 2018 dated 28.03.2018, wherein respectively 0.98 and 3.03 grams heroin/Chitta was recovered from her. In present case, challan has been presented in the Court of Special Judge, Kangra at Dharamshala on 01.10.2020.
5. Learned counsel for the petitioner submits that nothing has been recovered from the petitioner and she has been involved in the present case only for suspicion that allegedly recovered heroin/Chitta was thrown by her and further that quantity alleged to have been recovered is slightly more than small quantity of 5 grams and keeping in view these facts coupled with that petitioner is a woman, she deserves to be treated differently as provided under Section 437 Cr.P.C., and thus prayer for enlarging her on bail has been pressed as allegations levelled against her are yet to be proved by the prosecution in the trial Court and she is behind the bars since about last five months.
::: Downloaded on - 04/01/2021 20:18:41 :::HCHP 36. Learned Additional Advocate General has opposed bail on the ground that from previous case history it is apparent that petitioner is a habitual offender and there is possibility of repetition .
of same offence by her and, therefore, she is not entitled for bail on any ground.
7. Learned counsel for the petitioner submits that previous involvement of petitioner, as per settled law of the land, cannot be taken into consideration for passing any order against the petitioner in present case and present case is to be considered and decided on the basis of nature and gravity of the offence allegedly committed by the petitioner as for quantum of alleged recovered substance rigours of Section 37 of NDPS Act are not applicable and being a lady petitioner deserves to be enlarged on bail.
8. Considering entire facts but without evaluating material on record and rival contentions of parties, on merit, which are to be assessed and considered by the trial Court during trial, at this stage, petitioner may be enlarged on bail.
9. Accordingly, petition is allowed and petitioner is ordered to be released on bail in case FIR No.100 of 2020 dated 02.08.2020, registered in Police Station Damtal, District Kangra, H.P., under Section 21 of the NDPS Act, on her 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:-
::: Downloaded on - 04/01/2021 20:18:41 :::HCHP 4(i) That the petitioner shall make herself 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 acquainted with the facts of the case so as to dissuade her from disclosing such facts to Court or to any police officer or tamper with the evidence. She 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 she is accused or suspected;
(v) that the petitioner shall not misuse her liberty in any manner;
(vi) that the petitioner shall not jump over the bail;
(vii) that in case petitioner indulge in repetition of similar offence(s) then, her bail shall be liable to be cancelled on taking appropriate steps by prosecution; and
(viii)that she shall not leave the territory of India without prior information. She shall inform the Police/Court her contact number and shall keep on informing about change in address and contact number, if any, in future.
10. 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.
::: Downloaded on - 04/01/2021 20:18:41 :::HCHP 511. In case the petitioner violates any condition imposed upon her, her 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.
12. 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.
13. 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.
14. 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.
15. Petition is disposed of in aforesaid terms.
(Vivek Singh Thakur), Judge.
January 4, 2021 (Purohit) ::: Downloaded on - 04/01/2021 20:18:41 :::HCHP