Point of Law: No fruitful purpose shall be served by allowing detention of petitioner in custody for indeterminate period. Pre-trial incarceration otherwise is not the rule.

JUDGMENT :

Satyen Vaidya, J.

The petitioner is accused in case FIR No. 18 of 2023, dated 23.01.2023, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, (for short ‘ND&PS Act’, at Police Station, Boileauganj, District Shimla, H.P. He is in custody since 23.01.2023.

2. Brief allegations against the petitioner are that on a prior information, police intercepted the vehicle No. HP-24D-4194 (Innova) within the jurisdiction of Police Station (West), Shimla at about 10.10 p.m. Total 10 persons including females and children were found occupying the vehicle. One Mansa Ram was on the wheel and the petitioner was occupying the front passenger seat. Two minor girls sitting on the rear seat were appearing to be sick and accordingly, the vehicle was taken to PHC, Dhami. The girls were provided first aid. Thereafter, the vehicle was checked. Petitioner is stated to be holding a jacket in his lap. On checking the jacket, 356 grams ‘Charas’ was recovered. None of the other occupants of the vehicle are stated to have knowledge about the petitioner carrying the contraband with him. The case was registered and petitioner was arrested.

3. The status report filed on behalf of the respondent reveals that on interrogation, the petitioner had disclosed that he was addicted to consumption of Charas and had bought the contraband for such purpose on 22.01.2023 from Anni in District Kullu for Rs.20,000/-. He, however, could not provide the details of the person from whom the contraband was purchased. As per the report of SFSL, the mass of contraband sent for analysis has been found to be the extract of cannabis and sample of Charas. The investigation is stated to be in progress. It is submitted on behalf of the respondent/State that in case of grant of bail to the petitioner, he can win-over the prosecution witnesses and can tamper with the prosecution evidence.

4. On the other hand, learned counsel for the petitioner has submitted that the case has been falsely registered against the petitioner. It is submitted that petitioner has not committed any offence. No recovery was effected from him. Petitioner has been implicated in a false case for ulterior purposes. Petitioner is stated to be permanent resident of Village Deoli, Post Office Deoli, Tehsil Sadar, District Bilaspur, H.P. As per contention raised on behalf of the petitioner, he is not involved in any other criminal case and has no criminal background. Petitioner has undertaken to abide by all the terms and conditions as may be imposed against him.

5. I have heard learned counsel for the parties and have also gone through the records of the case carefully.

6. The contraband allegedly recovered from the petitioner is of intermediate quantity, therefore, the rigors of Section 37 of the ND&PS Act will not be applicable in the case.

7. As per status report, the petitioner is stated to be addict to consumption of Charas. As per police, petitioner had disclosed during interrogation that he had bought the Charas for his own use for Rs.20,000/-. It is not suggested by the status report that petitioner has any criminal antecedents or he has been involving himself as a peddler or seller of the contraband to the consumers. The fact that petitioner was travelling in the vehicle alongwith his family members and was also carrying contraband prima-facie lends credence to the above noted hypothesis. The investigation is almost complete. Petitioner is already in judicial custody. The allegations against petitioner are to be proved during trial, which is likely to take considerable time before conclusion. No fruitful purpose shall be served by allowing detention of petitioner in custody for indeterminate period. Pre-trial incarceration otherwise is not the rule.

8. Petitioner is permanent resident of Village Deoli, Post Office Deoli, Tehsil Sadar, District Bilaspur, HP. He has a family to support. There is no likelihood of his absconding or fleeing from the course of justice. The apprehension of respond