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2019 Supreme(HP) 614
IN THE HIGH COURT OF HIMACHAL PRADESH
CHANDER BHUSAN BAROWALIA, J.
Arjun Singh - Appellant
Versus
State of Himachal Pradesh - Respondent
Criminal Miscellaneous Petition (Main) No. 2059 of 2019
Decided On : 02-12-2019
Rajeshwar Thakur, Adv., P.K. Bhatti, Adv., Raju Ram Rahi, Adv., Gaurav Sharma, Adv.
The court's decision emphasized the consideration of individual circumstances and the nature of involvement in the offense when granting bail under the Narcotic Drugs and Psychotropic Substances Act.
Headnote:
Bail Application - Narcotic Drugs and Psychotropic Substances Act - Section 21, 29
Fact of the Case:
The petitioner sought bail under Section 439 of the Code of Criminal Procedure in a case involving possession of heroin. The prosecution alleged that the petitioner was found in possession of heroin and had connections with a co-accused involved in drug trafficking.
Finding of the Court:
The court found that the petitioner, a 22-year-old student and drug addict, was not a drug peddler but had kept the contraband for self-consumption. Considering the evidence and the petitioner's circumstances, the court granted bail with specific conditions.
Issues: The main issues were whether the petitioner should be granted bail despite the serious nature of the crime and the potential risk of tampering with evidence or fleeing from justice.
Ratio Decidendi: The court considered the petitioner's age, status as a student, and the nature of his involvement with the contraband. It emphasized that the petitioner's release on bail was justified based on the specific circumstances and conditions imposed.
Final Decision: The court allowed the bail application and ordered the petitioner's release on bail, subject to specific conditions.
JUDGMENT :
Chander Bhusan Barowalia, J.
The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 194 of 2019, dated 11.09.2019, under Section 21 & 29 of the ND&PS Act, registered in Police Station Sadar Solan, District Solan, H.P.
2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of District Shimla and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.
3. Police report stands filed. As per the prosecution story, on 10.09.2019 a police team was on patrol duty at Dohri Diwal, Solan. At about 08:45 p.m. a pedestrian came from Badog side and Sub Inspector called him. The said pedestrian, on being called, started running towards the back side, so he was chased and overpowered. The nabbed person was carrying a bag and he disclosed his name as Arjun Singh (petitioner herein). Police associated an independent witness and in his presence the bag of the petitioner was checked. Police recovered a plastic pouch, which contained another plastic pouch stuffed with some small pieces of brownish substance. Upon being checked through drug detection kit, the recovered substance was found to be heroin weighing 39.42 grams. Thereafter, the police completed all the codal formalities. Police prepared the spot map and recorded the statements of the witnesses. The petitioner was arrested and during the course of interrogation the petitioner divulged that he is pursuing higher studies in Punjab University, Chandigarh. As per the petitioner he is a drug addict and he used to consume drugs with his friends. 4-5 months back he met one Sanjay Bhauriya (co-accused) at Panchkula, who used to sell heroin. The petitioner further disclosed that he purchased heroin from co-accused Sanjay Bhauriya 6-7 times and on 8/9th September, 2019, he purchased 40 grams heroin for Rs. 42,000/- from co-accused Sanjay Bhauriya. He paid in cash for 40 grams heroin and earlier he used to transact in the account of co-accused Sanjay Bhauriya. On 10.09.2019 he was going home for 2-3 months, so he kept heroin for self consumption. Police interrogated about the co-accused and during the course of investigation it was unearthed that co-accused Sanjay Bhauriya used to purchase heroin from Nigerians at Delhi and he used to sell it at Punchkula. Police also obtained the bank records. On 12.09.2019 co-accused Sanjay Bhauriya was arrested and he disclosed that he has hidden 110 grams of heroin in his rented accommodation at Panchkula. He led the police party to his accommodation and got recovered heroin, which on weighment was found to be 95.98 grams. Police completed all the codal formalities and relevant recoveries were made. Sanjay Bhauriya disclosed that he used to purchase the heroin from a Nigerian at Uttam Nagar, Delhi. Police searched that Nigerian person, but he could not be traced. On chemical examination, the contraband recovered from the petitioner and that of co-accused was found to be the samples of Diacetylmorphine (Heroin). Call details of the petitioner and that of the co-accused revealed that they were in constant touch with each other. One more case is pending against co-accused Sanjay Bhauriya under the NDPS Act, where no case is pending against the petitioner. As per the police, after completion of investigation, challan stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.
4. I have heard the learned Couns
