Point of Law: Petitioner has been found involved in commission of heinous crime of such a nature which is not only ruining individuals, but also damaging families, society and Nation.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner has approached this Court, invoking provisions of Section 439 of Code of Criminal Procedure (in short ‘Cr.PC’), seeking regular bail in case FIR No. 34 of 2020, dated 17.03.2020, registered under Sections 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) in Police Station Banjar, District Kullu, H.P.

2. Status report stands filed. Record was also made available.

3. As per status report, on 16.03.2020, at about 11.30 p.m. police party on Nakka duty, stopped a car coming from Gushaini side for checking and when police tried to approach the car for checking, car driver reversed it with speed and when police officials rushed towards the vehicle, he suddenly stopped the vehicle, and immediately thereafter, a person sitting on rear seat of driver side came out of the car and ran away towards the cliff. Other two persons sitting in the car were overpowered. Despite making effort to chase, third person who ran towards the cliff, could not be apprehended. Two persons, apprehended by the police, disclosed their names as Nitin Sharma (driver) and Rajesh Kumar and they also disclosed name of third person as Tilak Raj (petitioner). A yellow coloured bag kept on rear seat on the right side of Rajesh Kumar, was checked, wherein 8.076 kilograms charas was found. Recovered contraband was taken into possession and seized by following prescribed procedure and by sending Rukka, FIR was registered in Police Station Banjar and, thereafter, during investigation Nitin Sharma and Rajesh Kumar were arrested on 17.03.2020 at 6.05 a.m.

4. After search of Tilak Raj, he was apprehended and arrested near Sindhwa at 4.30 p.m. on 18.03.2020.

5. As per status report, during investigation, Tilak Raj made disclosure statement that co-accused Amar Singh, for a consideration of Rs.4,00,000/-, had supplied 8 kilograms charas to him. Call Detail Records (CDRs) of Tilak Raj (petitioner) and Amar Singh were also obtained and on the basis of CDRs and disclosure statement, Amar Singh co-accused was arrested on 07.06.2020 at 6.05 p.m. under Section 29 of NDPS Act. According to Investigating Agency, during interrogation, Amar Singh disclosed that 2 kilograms charas was extracted by him personally and remaining charas was collected by him by purchasing small quantities from different unknown persons and he admitted selling of 8 kilograms charas to Tilak Raj (petitioner) for a consideration of Rs.4,00,000/-.

6. Vehicle was also taken into possession, but the same was released by order of the Court to its owner Hem Raj, who was brother of Tilak Raj. For throwing his mobile by Tilak Raj in a ravine (Khadd), Section 201 IPC was also added in the case.

7. As per status report, petitioner-Tilak Raj has been found involved in case FIR No.28 of 2016 dated 02.11.2016 registered under Sections 20 and 29 of NDPS Act. In that case, he was convicted and sentenced by Special Judge Mandi, H.P.

8. Learned counsel for the petitioner has submitted that petitioner is neither owner of the vehicle nor SIM alleged to have been used by him was in his name. Further that, petitioner has been impleaded in the case only on the basis of disclosure statement made by co-accused Nitin Sharma and Rajesh Kumar and nothing has been recovered from the petitioner and he is behind the bars since about 3 years and, therefore, in view of pronouncements of the Supreme Court in Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1 and order dated 10.01.2022 pronounced by the Supreme Court in Special Leave to Appeal (Crl.) No.242 of 2022, titled as State by (NCB) Bengaluru vs. Pallulabid Ahamad Arimutta & another, petitioner deserves to be enlarged on bail.

9. Learned counsel for the petitioner has placed reliance on paragraph 10 of the above referred pronouncement of the Supreme Court in Pallulabid Ahamad Arimutta’s case, which reads as under:-

“10. It has been held in clear terms in Tofan Singh Vs. State of Tamal Nadu, (2021) 4 SCC 1, that a con