Point of Law : Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment, which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime.

ORDER :

Bail petitioner-Neel Chand, who is behind bars since 4.12.2020, has approached this court in the instant proceedings filed under S.439 CrPC, for grant of regular bail in FIR No. 23, dated 21.2.2020, registered at Police Station Banjar, District Kullu, Himachal Pradesh under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

2. Pursuant to orders dated 2.3.2022 and 14.3.2022, respondent State has filed status report. ASI Shesh Raj has come present with record. Record perused and returned.

3. Close security of record/status report, reveals that on 21.2.2020 police officials present at Naka laid near Fagu bridge stopped one vehicle (Etios) bearing registration No. PB-48D-8213 for checking. Since the occupants of the car got perplexed on seeing the police, police after having associated independent witnesses, effected personal search of the occupants of the car as well as the car itself and allegedly recovered 4.600 kg Charas from the bag kept in car. Since no plausible explanation came to be rendered on record by the occupants of car qua possession of aforesaid quantity of Charas, police after completion of codal formalities, lodged FIR against the occupants of the car namely Manish Sharma, Gulshan Kumar and Sahil Batta and since then they all are behind the bars.

4. During investigation, above named persons, revealed that they purchased aforesaid quantity of contraband from a person namely Devender Mamu, after having paid Rs. 2.50 Lakh. Above named persons, disclosed to the police that though they had been talking to Devender Mamu on mobile No.62391 63357, but they were delivered the consignment by a person namely Dev Raj, who during investigation revealed that on 20/21.2.2020, he had given bag containing Charas to three boys in lieu of Rs. 3.50 Lakh. Since above named Dev Raj disclosed to the police that the bag containing Charas was delivered to him by the present bail petitioner-Neel Chand at the askance of Devender Mamu, he (present bail petitioner) also came to be named in the case and since 4.12.2020, he is behind bars. Since investigation is complete and nothing remains to be recovered from bail petitioner, he has approached this court in the instant proceedings for grant of regular bail.

5. Mr. Sudhir Bhatnagar, learned Additional Advocate General, while fairly acknowledging the factum with regard to filing of Challan in the competent court of law, contends that though nothing remains to be recovered from the bail petitioner but keeping in view gravity of offence alleged to have been committed by the bail petitioner, he does not deserve leniency and his prayer for bail deserves outright rejection. While making this court peruse status report/record, Mr. Bhatnagar, learned Additional Advocate General submits that there is overwhelming evidence on record suggestive of the fact that the bail petitioner herein took active part in transportation of the commercial quantity of contraband and as such, it cannot be claimed that he has been falsely implicated. Lastly, Mr. Bhatnagar, states that the quantity of contraband, which is commercial in nature, recovered in the case at hand, itself suggests that the bail petitioner is a drug peddler and in the event of his being enlarged on bail, he may not only flee from justice but may indulge in such activities again, as such, prayer made on behalf of the bail petitioner, for grant of regular bail may be rejected outrightly.

6. Having heard learned counsel for the parties and perused the material available on record, this court finds that on the date of alleged incident, commercial quantity of contraband came to be recovered from the bag kept in the car bearing registration No. PB-48D-8213, being driven by Gulshan Kumar. It is not in dispute that at the time of recovery of contraband, bail petitioner was not found in car, rather, besides driver, two persons, Sahil and Manish were found sitting in car, who disclosed to the police that they purchased the commercial qua