Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner [Sumit Sharma], who is in custody since 26.09.2023 has come up before this Court, seeking regular bail, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita [hereinafter referred to as ‘BNSS.’], originating from FIR No. 207 of 2023 dated 26.09.2023, registered with police Station Sadar, District Hamirpur under Section 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).

FACTUAL MATRIX

2. Case of the petitioner as presented by Sh. Bhupinder Singh Ahuja, Learned Counsel is that a false case as in FIR No. 207 of 2023 dated 26.09.2023 has been registered against the bail petitioner. It is averred that the rigors of Section 37 of NDPS are not applicable to the instant case. It is further further averred that recovery of Heroin/Chitta 10.67 grams is not attributable to the bail petitioner and no recovery has been made from him. It is further averred that the prosecution story is just to implicate him. It is further averred that there is no evidence to connect the bail petitioner with the accusation of the offence. It is further averred that the bail petitioner has filed an application for bail, before the learned Special Judge-II Hamirpur, which was dismissed on 03.02.2024 and the second bail application was also dismissed on 16.07.2024 by the learned Special Judge-II, Hamirpur. Thereafter, the petitioner filed a bail application before this Court, which was dismissed as withdrawn on 14.5.2024.

2(i) It is further averred that the bail petitioner has narrated the incidents of his previous accusation in six NDPS cases, in para 13 of the bail petition. It is further averred that the bail petitioner has furnished the undertakings that he shall abide by the terms and conditions of the bail order and shall not flee away from the investigation or the trial. It is further averred that bail petitioner shall not caused any inducement threat or promise or to any person or persons acquainted with the facts of the case. It is further averred that during the course of hearing that prolonged incarceration of the petitioner for the last about 1 year and 3 months has violated and curtailed the persons liberty of petitioner and right to speedy trial has also been denied to him as out of the 23 witnesses only 4 PWs have been examined as on date and the trial is likely to take considerable time.

In this background the prayer for bail has been filed before this Court.

STAND OF STATE AUTHORITIES

3(i). Pursuant to issuance of notice dated 24.08.2024, the State Authorities have filed the status report dated 16.09.2024.

3(ii). A perusal of the Status Report narrates the sequence of events that on 25.09.2023, at about 9.20 p.m, a police party headed by ASI Raj Kumar and others were on patrolling duty at Dosarka, Mattan Sidh, Kohli and Bhira and about 11.45 p.m. ASI Raj Kumar received an information that the bail petitioner Sumit Kumar @ Shinglu and Sunil Thakur @ Sonu, who were travelling in Vehicle No. HP 22D-8091, from Bilaspur to Hamirpur were carrying Heroin-Chitta. Based on such information the vehicle was stopped by the police at 12.20 a.m at Didwin on 26.09.2023. On making inquires the bail petitioner got out of the vehicle and disclosed his identity and thereafter the contraband was recovered which after weighing turn out to be 10.67 grams Heroin/Chitta. Thereafter sampling was done and Rukka was sent and thereafter FIR was registered.

3(iii). Pursuant to registration of FIR the investigation was started by the police and statement under 161 Cr.PC were recorded and thereafter inventory under Section 52 of the Act was prepared. Samples of case property was sent to SFSL, Junga and as per report of SFSL, it contained Dicetyl morphine (Heroin). Both the accused were made to undergo medical examination. Blood sample so taken was sent to RFSL and RFSL submitted a report confirming Ketamine and Tramadol were detected in blood sample of the petitioner. Status report indicates