Point of Law: Narcotic Substances - Grant of Bail - Petitioners cannot be kept behind bars for an unlimited period and lastly considering overall facts, which have come on record and without discussing same at this stage; It is a fit case where judicial discretion to admit petitioners on bail.

JUDGMENT :

Chander Bhusan Barowalia, J.

The instant bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release, in case FIR No. 38 of 2021, dated 10.06.2021, under Sections 21 & 29 of the ND&PS Act, registered at Police Station Kandaghat, District Solan, H.P.

2. As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are 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 the petitioners behind the bars, so they be released on bail.

3. Police report stands filed. Tersely, as per the prosecution story, on 09.06.2021, at about 09:00 p.m., a police team was on routine patrol duty near Chail Chowk (Kandaghat), where the police got a secret tip-off that vehicle, having registration No. PB-02 DA-6577, coming towards Shimla, has two occupants and they have narcotics. Police associated two independent witnesses and intercepted the aforesaid vehicle. The driver of the vehicle divulged his name as Umesh Singh and the passenger disclosed his name as Tarun Preet Singh (petitioners herein). Initially, the police personnel gave their personal search and thereafter the vehicle was searched. During the search, police recovered a transparent envelop, which contained some brownish substance, which, on being examined through Drug Detection Kit, found to be heroin. Police also recovered currency notes amounting to Rs. 90,800/- (ninety thousand eight hundred only). The recovered substance, on being weighed, was found to be 53.10 grams. Thereafter, the police completed all the codal formalities. Police prepared a spot map, spot was photographed/videographed and the statements of the witnesses were also recorded. Both the petitioners were arrested and the relevant recoveries were made. During the course of investigation, it was unearthed that both the petitioners used to supply the contraband in Himachal. Police also found financial transactions through the bank account of petitioner Umesh Singh. Investigation is still going on and after completion of the same challan will be presented in the learned Trial Court. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners were found involved in a serious office and they were found transporting 53.10 grams of heroin. There is possibility that in case, at this stage, if the petitioners are enlarged on bail, they may flee from justice and may tamper with the prosecution evidence, as they are residents of Uttrakhand and Punjab, so their bail applications be dismissed.

4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully.

5. The learned Counsel for the petitioners has argued that the petitioners have been falsely implicated in the present case. He has further argued that the petitioners are 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 the petitioners behind the bars for an unlimited period, as nothing remains to be recovered at their instance, investigation is in its final stage and after completion of investigation challan will soon be presented in the learned Trial Court. The custody of the petitioners is not at all required by the police for further investigation, so the bail applications be allowed. Conversely, the learned Additional Advocate General has argued that the petitioners were found involved in a serious offence and from their possession 53.10 grams of heroin was recovered. He has further argued that the petitioners are drug peddlers, as no drug addict could have kept such a quantity of contraband for personal use. He has argued that in case, at this stage, if the petitioners are enlarged on bail