Himachal Pradesh High Court
Ujjval Mehta vs State Of Himachal Pradesh on 6 December, 2019
Author: Anoop Chitkara
Bench: Anoop Chitkara
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
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Cr.MP(M) No. 2194 of 2019
Date of Decision : December 6 , 2019
Ujjval Mehta ...Petitioner.
Versus
State of Himachal Pradesh ...Respondent.
Coram:
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1 No.
For the petitioner : Mr. Sudhanshu Jamwal, Advocate, for the
petitioner.
For the respondent : Mr. Ashwani K. Sharma, & Mr. Nand Lal
Thakur, Additional Advocates General, for
the respondent-State.
Anoop Chitkara, Judge.(oral)
For possessing 29.72 grams of heroin, the petitioner, who is under arrest, on being arraigned as an accused in FIR Number 242 of 2019, dated 17.11.2019, registered under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred as the "NDPS Act"), in the file of Police Station Sadar, Distt. Solan, H.P., disclosing non-bailable offences, 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 07/12/2019 20:26:39 :::HCHP 2has come up before this Court under Section 439 Cr.PC, seeking regular bail.
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2. ASI Bhagat Ram, Investigating Officer, Police Station Sadar, Distt. Solan, H.P., is present along with records. Status report stands filed in the Court and the same is taken on record. Police file perused to the extent it was necessary for deciding the present petition, and the same stands returned to the police official.
3. I have heard learned Counsel for the petitioner and the learned Additional Advocate General for the respondent-State.
FACTS
4. The gist of the First Information Report and the investigation is as follows:
That during the intervening night of Nov 16th & 17th 2019,, police party headed by SI Sanjay Kumar, Investigating Officer, SIU Solan, was on patrolling duty around Solan Town.
At 11:50 p.m. the Investigating Officer received a secret information that one vehicle i.e. car bearing registration No. HP06A 6148 was coming from Chandigarh to Solan side in which four persons were sitting who were transporting heroin.
On receipt of such information the Investigating Officer complied with the provisions of Section 42(2) NDPS Act and proceeded towards Rabon by-pass. At 12.15 a.m. (night) near ::: Downloaded on - 07/12/2019 20:26:39 :::HCHP 3 Tapan Motors, they erected a check-post and started checking vehicles. At 12.24 a.m., the said car arrived at the .
spot. It was stopped and independent witnesses were associated from the patrol pump. On the search of the said car in the dash board, police recovered three polythene packets. It contained grey coloured substance. After checking the same from the drug detection kit, it detected positive for heroin. On weighment from electronic scale, the recovered substance measured 29.72 grams. The petitioner who was driving the aforesaid vehicle alongwith the other co-accused was arrested. Thereafter, the other procedural formalities were completed and the aforesaid F.I.R. came to be registered.
REASONING
5. Keeping in view the quantity of contraband, I am of the considered view that the judicial custody of the petitioner is not going to serve any purpose whatsoever and I am inclined to grant him bail on the following grounds:
(a) As per the FIR, the substance involved in is Heroin, mentioned at Sr. No. 56 of the Notification, issued under Section 2(viia) and (xxiiia) of NDPS Act, specifying small and commercial quantities of drugs and psychotropic substances.
(b) The quantity of drug involved is 29.72 grams (heroin), ::: Downloaded on - 07/12/2019 20:26:39 :::HCHP 4 which is less than Commercial Quantity but greater than Small Quantity. As such the rigors of Section 37 of NDPS Act shall .
not apply in the present case. Resultantly, the present case has to be treated like any other case of grant of bail in a penal offence.
(c) The petitioner is in judicial custody since 17.11.2019.
(d) The petitioner is a permanent resident of address mentioned in the memo of parties, therefore, his presence can always be secured.
(e) In the status report, there is no mention of previous criminal history of the bail petitioner.
(f) The investigation is complete.
(g) I am satisfied that no purpose will be served if the bail
petitioner is continued in judicial custody.
(h) I am of the considered view that, prima facie, petitioner has made out a case for grant of bail and his incarceration is not going to serve any purpose.
6. In the result the present petition is allowed. The petitioner shall be released on bail in the present case, in connection with the FIR mentioned above, on his furnishing a personal bond in the sum of `10,000/- (rupees ten thousand) with two sureties in the like amount, to the satisfaction of the learned Special Judge/Sessions Judge or learned Additional Sessions Judge, Solan, H.P.
7. The Court executing the personal and surety bonds shall ascertain the identity of the bail-petitioner, his family members, and ::: Downloaded on - 07/12/2019 20:26:39 :::HCHP 5 of sureties, through AADHAR Card, Pan Card, Ration Card, etc. The petitioner shall mention phone numbers and other details, on the .
reverse page of the bonds.
8. The learned counsel for the petitioner as well as the attesting officer shall explain the conditions of this bail to the petitioner.
9. This Court is granting the bail subject to the conditions mentioned herein. The petitioner undertakes to comply with all directions given in this order and the furnishing of bail bonds by the petitioner is acceptance of all such conditions:
a) The petitioner is directed to join the investigation as and when called by the investigating officer and the petitioner undertakes to appear before the investigating officer as and when directed to do so.
However, whenever the investigation takes place within the boundaries of the Police Station or the Police Post, then the petitioner shall not be called before 9 a.m. and shall be let off before 5 pm.
b) The petitioner shall neither influence nor try to control the investigating officer, in any manner whatsoever.
c) The petitioner shall not hamper the investigation.
d) The petitioner undertakes not to make any inducement threat or promise, directly or indirectly, to the investigating officer or any person acquainted with the facts of the case to dissuade him from disclosing ::: Downloaded on - 07/12/2019 20:26:39 :::HCHP 6 such facts to the Court or any Police Officer or tamper with the evidence.
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e) In case of the launching of the prosecution, the petitioner undertakes to attend the trial and to appear before the Court which issues the summons or warrants and shall furnish fresh bail bonds to the satisfaction of such Court.
f) In case, the petitioner is arraigned as an accused of the commission of any offence, prescribing the sentence of imprisonment for more than 3 years, and in case the bail petitioner is arraigned as an accused in any case under the provisions of the NDPS Act, irrespective of the quantity, be it small quantity, then within thirty days of knowledge of such FIR, the petitioner shall intimate the SHO of the present police station, with all the details of the present FIR as well as the new FIR and it shall be open for the State to apply to this Court, for cancellation of this bail, if it deems fit and proper.
g) The petitioner shall either sell or deposit all the fire arms alongwith ammunition and arms licences, if taken, before the concerned authorities within 30 days from today.
10. It is clarified that the present bail order is only with respect to the above mentioned FIR. It shall not be construed to be a blanket order of bail in all other cases, if any, registered against the petitioner.
::: Downloaded on - 07/12/2019 20:26:39 :::HCHP 711. Respondent-State shall inform the SHO of the concerned Police Station about the passing of this order.
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12. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.
Petition stands allowed in the aforesaid terms.
Copy dasti.
(Anoop Chitkara),
r Judge.
December 6 , 2019 (PK)
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