Himachal Pradesh High Court
Goodwin vs State Of Himachal Pradesh on 30 October, 2021
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF OCTOBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL MISC. PETITION (MAIN) No. 1688 OF 2021
BETWEEN:-
MANGLESHWAR SON OF SHRI
GOODWIN, RESIDENT OF VILLAGE
BADHRASH, P.O DUTTNAGAR,
TEHSIL RAMPUR BUSHAHR,
DISTRICT SHIMLA, H.P. ...PETITIONER
(BY SHRI DALEEP KAITH, ADVOCATE.)
AND
STATE OF HIMACHAL PRADESH. ...RESPONDENT
(BY SH. HAMENT VAID, ADDITIONAL
ADVOCATE GENERAL)
Whether approved for reporting?
This petition coming on for orders this day, the Court
passed the following:
ORDER
Petitioner has approached this Court by invoking provisions of Section 439 of Cr.P.C., seeking regular bail in case FIR No. 44 of 2021, dated 7.5.2021, registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in Police Station Kumarsain, District Shimla, H.P.
2. Status report stands filed, wherein it is stated that on 7.5.2021, during patrolling, when Police party reached near Bithal Chowk in Kumarsain at 10:15 A.M., it had noticed that a boy standing under the tree of Pipal, turned back and started to move towards ::: Downloaded on - 31/01/2022 23:14:51 :::CIS 2 Cr.M.P. (M) No. 1688 of 2021 Kotgarh Bhuti road, looking back again and again at the Police party which raises suspicion, whereupon he was apprehended at a distance of .
100 meters and was brought to Bithal Chowk. When apprehended, the boy had started saying that he was not in habit of consuming any drugs, alcohol etc. which fortified the suspicion of the Police party. At that time, a vehicle came from Sainj side, which was stopped and two persons sitting therein, including driver, were joined and associated in search identified as petitioner.
r to and seizure process as independent witness. On inquiry boy was
3. It is further stated in the status report that in response to notice and information given to the petitioner under Section 50 of NDPS Act, he had opted for his search before a Gazette Officer, whereupon Sh.Chander Shekhar, Sub Divisional Police Officer, Rampur was requested on mobile phone to reach on the spot and petitioner was searched after complying with codal formalities in presence of Sub Divisional Police Officer on the spot and during search of person of the petitioner, a polythene pouch containing whitish light brown solid material was found and the petitioner had disclosed that it was Chitta.
Police official, on the basis of experience, had also identified it as Heroin/Chitta. On weighing, recovered contraband was found 30 grams.
The same was taken in possession and seized in accordance with procedure prescribed under law and on registration of FIR after sending rukka to the Police Station, petitioner was arrested.
4. As per status report, recovered contraband has been confirmed as Heroin by State FSL, Junga.
::: Downloaded on - 31/01/2022 23:14:51 :::CIS 3 Cr.M.P. (M) No. 1688 of 20215. Learned counsel for the petitioner submits that petitioner was arrested on 7.5.2021 and since then, including his Police custody, .
he is behind the bars for about six months and recovered contraband is of intermediate quantity and, therefore, rigors of Section 37 of NDPA Act are not applicable. Even if prosecution case is admitted to be true for argument sake, then also being first time offender, petitioner deserves to be enlarged on bail, keeping in view his period of detention and also
6. to provision of Article 21 of Constitution of India.
Learned Additional Advocate General has submitted that petitioner has been found involved in commission of offence which is harmful not only to individuals, but also to the society at large and, therefore, is not entitled for bail.
7. Considering the entire facts and circumstances, particularly period of detention viz-a-viz quantity of contraband alleged to have been recovered and other factors, principles and parameters required to be considered at the time of considering the bail application, I find that at this stage, petitioner may be enlarged on bail.
8. Accordingly, petitioner is ordered to be released on bail in case FIR No. 44 of 2021, dated 7.5.2021, registered at Police Station, Kumarsain, District Shimla, H.P., subject to furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of trial Court within a period of two weeks from today upon such further conditions as may be deemed fit and proper by the trial Court, in addition to conditions enumerated hereinafter, so as to ensure the presence of the accused during trial:-
::: Downloaded on - 31/01/2022 23:14:51 :::CIS 4 Cr.M.P. (M) No. 1688 of 2021(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 acquainted with the facts of the case so as to dissuade him/her 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;
(vii) that the petitioner shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial;
(viii) that the petitioner shall not leave India without permission of the Court.
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 conditions 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.
::: Downloaded on - 31/01/2022 23:14:51 :::CIS 5 Cr.M.P. (M) No. 1688 of 202111. Learned 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.
12. Observations made in this petition hereinbefore shall not affect merits of the case in any manner and are strictly confined for the disposal of the bail application.
13. The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.
The petition stands disposed of in the aforesaid terms.
Dasti copy on usual terms.
(Vivek Singh Thakur), th 30 October, 2021 Judge.
(Keshav) ::: Downloaded on - 31/01/2022 23:14:51 :::CIS