Point of Law : Grant of Bail - Object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail.

ORDER :

1. By way of instant petition filed under Section 439 Cr.P.C. prayer has been made on behalf the petitioner namely Ravinder Kumar for grant of regular bail in case FIR No. 82/2021, dated 10.08.2021, under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short “the Act”) registered at Police Station Banjar, District Kullu, H.P.

2. Respondent-State has filed status report, perusal whereof reveals that on 10.08.2021, vehicle bearing No. HP-01B-0830, being driven by co-accused Akshay Kumar, came to be stopped by police party for checking, apprehending that person sitting next to driver of the car may be possessing some suspicious substance, as such, police deemed it necessary to conduct his personal search as well as of vehicle and after having associated independent witnesses, allegedly, recovered 1.107 Kg of charas from the bag kept under the legs of present bail petitioner. Since, occupants of the car, as detailed hereinabove, failed to render plausible explanation qua possession of aforesaid commercial quantity of contraband, police after completion of necessary codal formalities, lodged FIR, as detailed hereinabove and since then, bail petitioner is behind bars, whereas co-accused Akshay Kumar, already stands enlarged on bail, vide order dated 25th October, 2021, passed by this Court in Cr. M.P. (M) No. 1996 of 2021. Since, investigation in this case is complete and nothing remains to be recovered from the bail petitioner, prayer has been made on his behalf for grant of regular bail.

3. While fairly admitting factum with regard to filing of challan in the competent court of law, Mr. Arvind Sharma, learned Additional Advocate General, contends that though nothing remains to be recovered from the present bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, prayer having been made on his behalf for grant of bail deserves outright rejection. Mr. Sharma, further submits that it stands duly established on record that commercial quantity of charas came to be recovered from the bag kept under the legs of present bail petitioner, while he was travelling in car being driven by co-accused Akshay Kumar and as such, it cannot be claimed that he has been falsely implicated. Lastly, Mr. Sharma, contends that keeping in view the quantity of contraband, allegedly, recovered from the present bail petitioner, it cannot be said that the bail petitioner being a drug addict was carrying aforesaid quantity for his own consumption, rather presumption is that he indulges in illegal trade of narcotics and as such, his enlargement on bail, may not be in the larger interest of society.

4. Having heard learned counsel representing the parties and perused the material available on record, this Court finds that commercial quantity of charas came to be recovered from the bag kept under the legs of bail petitioner when he was travelling in vehicle bearing No. HP-01B-0830 being driven by co-accused Akshay Kumar, who already stands enlarged on bail, as has been taken note hereinabove. However, version put-forth by police with regard to recovery of contraband is highly doubtful. As per police, commercial quantity of charas was kept in a bag and on opening of bag in the presence of independent witnesses, it recovered one saving bank account passbook of co-accused Akshay Kumar and Aadhar Card of present bail petitioner besides commercial quantity of contraband. It is highly unbelievable that person carrying/transporting commercial quantity of contraband would keep documents relating to his identity in the bag containing contraband. Had only one of the accused kept document pertaining to his identity in a bag containing contraband, this Court, would have agreed with the version put-forth by police, but it is highly improbable that two accused allegedly carrying commercial quantity of contraband would keep documents pertaining to their identities in the bag containing commercial quant