Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 889

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA, J.
Shambhu Lal Meena - Petitioner
Versus
State of Himachal Pradesh – Respondent
Cr.MP(M) No. 287 of 2025
Decided On : 25-03-2025

Advocates Appeared:
For the Petitioner:Mr. Kulwant Singh Gill, Advocate.
For the Respondent:Mr. Pranay Pratap Singh, Additional Advocate General.

Prolonged incarceration without trial violates personal liberty; bail is granted when no reasonable grounds exist for guilt.

Headnote:
(A) Narcotic Drugs and Psychotropic Substances Act - Sections 15 and 29 - Bail application - Petitioner seeks bail after being in custody for over 1 year and 6 months for alleged possession of contraband - No contraband recovered from petitioner - Co-accused released on bail - Prolonged incarceration violates personal liberty under Article 21 - Bail granted with stringent conditions. (Paras 10, 11, 12, 18)

(B) Bail - Principles governing grant of bail - Bail is a rule and jail is an exception - Prolonged detention without trial violates fundamental rights - Court must balance rights of accused with societal interests. (Paras 10, 11, 12)

Facts of the case:
The petitioner was arrested on 14.09.2023 along with three others in a vehicle where contraband was recovered. The petitioner claims no knowledge of the contraband and no evidence links him to the crime. He has been in custody for over 1 year and 6 months, with trial not likely to conclude soon.

Findings of Court:
The court found no reasonable grounds to believe the petitioner is guilty and noted the prolonged incarceration.

Issues: Whether the petitioner is guilty of the charges and whether he should be granted bail.

Ratio Decidendi: The court ruled that the absence of evidence against the petitioner and the prolonged trial warranted bail, emphasizing that detention should not be punitive.

Result: Bail granted subject to conditions.

JUDGMENT :

(Ranjan Sharma, J.)

Bail petitioner, Shambhu Lal Meena [being in custody 14.09.2023] has come up before this Court seeking regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhinta [hereinafter referred to as BNSS] originating from F.I.R. No. 148 of 2023 dated 14.09.2023 under Section 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act) registered with Police Station Majra, District Sirmour, H.P.

FACTUAL MATRIX

2. Case set up by Learned Counsel for the bail petitioner [Shambhu Lal Meena] is that on 14.09.2023 while the police party was on patrolling near Sainwala Mubarikpur bridge, under Police Station Majra, an information was received that a White Creta Hundai Car bearing registration No. HR14P-9300 was carrying contraband. On receipt of information, Nakka was laid at about 11.50 a.m at NH-07 near HPCL Petrol Pump when, a car bearing registration No. HR14P-9300 being driven by Jitender was intercepted by patrolling party. The driver Jitender was asked to open the dicky of vehicle in which Poppy husk/Chura Post weighing 54.402 Kg was recovered from gunny bags was found. After completing codal formalities, all the four accused i.e. Jitender (Driver), Vishal Sharma who were sitting besides the driver, Sattu Joggi and bail petitioner [Shambhu Lal Meena] who were sitting on back seat of aforesaid vehicle was arrested on 14.09.2023.

2(i) The case of petitioner Shambhu Lal Meena, is that there is no iota of evidence against the petitioner. It is further averred that bail petitioner has not committed any offence and he is not connected with the same and is not guilty in any manner. It is further averred that no contraband was recovered from the exclusive and conscious possession of petitioner. It is averred that the petitioner is facing incarceration since 14.09.2023 for the last more than one year and six months now.

2(ii). It is averred that the petitioner joined the Investigation and no recovery is pending from the bail petitioner and pursuant to Investigation, the Challan-Final Police Report has been presented before the jurisdictional Court and trial has commenced. Petitioner has furnished an undertaking that in case he is released on bail, the bail petitioner shall join the trial and shall not cause any inducement, threat or promise to any person acquainted with the facts of the case and shall abide by such terms and conditions as may be imposed by this Court. Bail petitioner is 22 years of age and he undertakes not to flee away from justice.

In above background, the claim for bail has been preferred before this Court.

STAND OF STATE AUTHORITIES IN STATUS REPORT:

3. Pursuance to issuance of notice, the State Authorities have filed the Status Report dated 21.03.2025 on Instructions of SHO Police Station, Majra, District Sirmaur [H.P].

3(i). Perusal of Status Report indicates the sequence of events that four accused, namely, Jitender [Driver], Vishal Sharma, Sattu Joggi and Shambhu Lal [bail petitioner] were travelling in White Creta Hundai Car bearing registration No. HR14P-9300, when, on 14.09.2023 it was intercepted by the police patrolling party on information received. The car in question, was searched and contraband weighing a total of 54.402 kg. Poppy Straw/Chura Post was recovered from dicky of aforesaid vehicle, which was in three gunny bags.

3(ii). Status Report indicates that after completing formalities all four accused were arrested and three of the accused, namely, Jitender [driver], Shambhu Lal [bail petitioner] and Vishal Sharma were produced before the Additional Chief Judicial Magistrate, Court No.1, Nahan for remand on 15.09.2023 whereas, Sattu Jogi, who claimed to be a minor was sent to Juvenile Justice (Home). Status Report indicates that investigation was undertaken and even the SFSL Report dated 12.10.2023 has affirmed contraband to be Poppy Straw. Status Report further indicates that the co-accused, Sattu Jogi, who claimed to be a minor earlier was made