Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 999

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ranjan Sharma, J.
Kalu Ram - Petitioner
Vs.
State of Himachal Pradesh - Respondent
Cr.MP (M) No. 1606 of 2024
Decided On : 15-01-2025

Advocate Appeared:
For the Petitioner:Mr. Vinay Thakur and Mr. Maan Singh, Advocates.
For the Respondent:Mr. Pratyush Sharma, Additional Advocate General.

Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.

Headnote:(A) Bharatiya Nagrik Suraksha Sahinta - Section 483 - Narcotic Drugs and Psychotropic Substances Act - Sections 21 and 29 - Bail proceedings - The petitioner, Kalu Ram, seeks bail after being in custody since 14.02.2024, implicated in a contraband case involving 27 gms of heroin. The petitioner claims false implication and argues that the evidence does not connect him to the contraband, invoking the principles of personal liberty under Article 21 of the Constitution. The court finds there is no prima facie case against the petitioner and emphasizes that pre-conviction incarceration cannot be punitive, leading to the conclusion that the ongoing detention is unwarranted. (Paras 1-18)

(B) Bail - General principles - The court reiterates that bail should be granted unless serious grounds exist to deny it, especially where prolonged incarceration occurs without trial. The decision underscores the rights under Article 21 and the need for timely trials while highlighting that existence of past criminal antecedents should not be the sole ground for denying bail absent a substantive case. (Paras 6-12)

Table of Content
1. bail petition background and reasons for filing. (Para 1 , 2)
2. arguments from both sides regarding bail. (Para 3 , 4 , 5)
3. court's observations on the evidence and legal parameters. (Para 6 , 7)
4. court's ruling on the merits of the bail application. (Para 8 , 9)

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner [Kalu Ram], who is in custody since 14.02.2024 has come up before this Court, seeking regular bail, under Section 483 of the Bhartiya Nagrik Suraksha Sahinta, (hereinafter referred to as BNSS ), originating from FIR No.33 of 2024 dated 14.02.2024, registered at Police Station, Kullu, District Kullu [H.P.], under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).

FACTUAL MATRIX IN BAIL PETITION:

2. Case set up by Mr. Vinay Thakur and Mr. Maan Singh, Learned Counsels is that the bail petitioner has been falsely implicated in FIR No. 33 of 2024 dated 14.02.2024, registered at Police Station, Kullu, District Kullu [H.P.], under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act). It is averred that bail petitioner has not committed any offence and he is not connected with alleged recovery of contraband. Moreover, it is submitted that bail petitioner is an old man and nothing is recoverable from him and Investigation is complete and further detention will not serve any purpose. It is further averred that the rigors of Section 37 of NDPS Act are not attracted as police is alleged to have implicated the petitioner, of 27 gms of Heroin/Chitta, which comes within the ambit of Intermediate Quantity, which as per the bail petitioner does not relate to him.

2(i). It is averred that the bail petitioner has moved an application for bail before Learned Special Judge, Kullu, which was dismissed on 19.03.2024, Annexure P-1 and then, 2nd bail petition before this Court, which was withdrawn on 13.04.2024, Annexure P-2, and thereafter, 3rd bail petition was also dismissed by the Learned Special Judge-II, Kullu, on 13.05.2024, Annexure P-3.

2(ii). It is further averred that there is no evidence to connect the bail petitioner with the accusation and he has been wrongly and falsely implicated with the alleged contraband. Bail petitioner has furnished an undertaking that he abide by all the terms and conditions as will be imposed by this Court. Bail petitioner has further averred that he shall not cause any inducement, threat or promise to any person or persons acquainted with the facts of the case and shall not flee away from investigation and trial.

It is averred that personal liberty of the bail petitioner under Article 21 of the Constitution of India could neither be curtailed or taken away by way of penalty, by prolonging the detention just by presuming the guilt against the bail petitioner. Instant bail petition has been filed by bail petitioner, through his son, with the prayer for releasing the petitioner on bail.

STAND OF STATE AUTHORITIES IN STATUS REPORTS:

3. Pursuant to the issuance of notice on 02.08.2024, the State Authorities have furnished the Status Report dated 08.08.2024 and thereafter 2nd Status Report dated 24.08.2024 and thereafter in-order to bring on record the criminal antecedents a Fresh Status Report dated 23.09.2024 was filed by State Authorities and the Last Status Report dated 28.11.2024 was filed by State Authorities, in order to show the stage and status of investigation and the trial originating from the FIR in instant case. Perusal of Status Reports reveal that they contain pari-materia.

3(i). Perusal of Status Reports, indicates that on 14.02.2024, while the police party headed by Head Constable Ram Chand No. 443, was patrolling towards Babeli, Raison, near JNV School Road at NH-03, at about 01:40 p.m., the police patrolling party noticed two persons coming on foot from Bandrol side, who came to be Sahil Thakur and Ronit Thakur, who on noticing the police, threw something behind them in the jungle and