Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1060

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA, J.
Vishal Sharma - Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr.MP(M) No. 906 of 2024
Decided On : 10-01-2025

Advocates Appeared:
For the Petitioner: Mr. Kulwant Singh Gill.
For the Respondent: Mr. Vishav Deep Sharma, Addl. A.G.

The court reinforced that bail serves to protect an individual's personal liberty, particularly when prolonged detention without trial raises constitutional concerns under Article 21, emphasizing the presumption of innocence.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Sections 15 and 29 - Bail application under Section 439 of Cr.P.C. - Accused arrested without evidentiary connection to contraband, with a prolonged incarceration of over one year without trial progress - The court identifies lack of substantive evidence and principles governing bail under special enactments, emphasizing the balance of personal liberty and societal interests. (Paras 6, 8, 9, 10)

(B) Bail - Denial as punishment - The court reiterates the principle that bail is the rule and jail is the exception, especially in the context of prolonged incarceration affecting fundamental rights under Article 21 of the Constitution. (Paras 10-12)

(C) Condition of bail - The court imposes standard conditions to safeguard the interests of justice, ensuring the accused does not tamper with evidence or violate terms upon release. (Paras 18)

Facts of the case:
The petitioner, arrested on 14 September 2023, seeks bail after over 1 year in custody awaiting trial for accusations related to substantial narcotics. The prosecution's evidence is lacking as no contraband was found directly with him.

Findings of Court:
The Court finds that the petitioner does not pose a flight risk and has not obstructed justice, thus deserves bail.

Issues: The primary issues concern the lack of evidence against the bail petitioner, the prolonged incarceration without trial, and the implications of the Narcotic Drugs Act on bail considerations.

Ratio Decidendi: The court concluded that without prima facie evidence linking the bail petitioner to the narcotics, and considering the duration of custody, bail is warranted to uphold personal liberty.

Result: Bail granted.

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner, Vishal Sharma [being in custody14.09.2023] has come up before this Court seeking regular bail under Section 439 of the Code of Criminal Procedure [hereinafter referred to as Cr.P.C] 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 Mr. K.S.Gill, Learned Counsel for the bail petitioner [Vishal Sharma] is that on 14.09.2023 police party received an information at about 10.20 a.m that a White Creta Hundai Car bearing registration No. HR14P-9300 was carrying contraband. On receipt of information, Nakka was laid at about 11.15 a.m at NH-07 near HPCL Petrol Pump when car HR14P-9300 being driven by accused Jitender (driver) was intercepted by the patrolling party and Poppy husk/Chura Post weighing 54.402 Kg was recovered from gunny bags in the car. Consequently, other codal formalities were completed and the bail petitioner Vishal Sharma alongwith other co-accused, namely, Jitender [driver], Shambhu Lal and Sattu Joggi were arrested by police on14.09.2023.

2(i) In above backdrop, the case of the bail petitioner, Vishal Sharma, is that there is no iota of evidence against the petitioner. It is further averred that the 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 the bail petitioner. It is further averred that the petitioner is facing incarceration since 14.09.2023 i.e. for the last more than one year and four months now.

2(ii). It is further averred that the petitioner joined the Investigation and no recovery is pending from the bail petitioner. It is averred that pursuant to the Investigation the Challan-Final Police Report has been presented before the jurisdictional Court. Petitioner has furnished the 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. It is averred that the bail petitioner had filed a bail application before Learned Special Judge-II, Sirmaur District at Nahan in CIS Case No. 62 of 2024, which was dismissed by Learned Special Judge on 08.04.2024 [Annexure P-1]. It is averred that the bail petitioner is 28 years of age and he undertakes not to flee away from justice.

With these averments, 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 23.08.2024 on Instructions of SHO Police Station, Sirmaur [H.P] and thereafter the Fresh Status Report dated 15.10.2024 Majra, Sirmaur District H.P.

3(i). Both the Status Reports dated 23.08.2024 and 15.10.2024 contain pari materia averments and therefore, stand of State Authorities are narrated hereunder:

3(ii). Perusal of Status Report(s) indicates the sequence of events that four accused, namely, Jitender [driver], Vishal Sharma [bail petitioner], Shambhu Lal and Sattu Joggi were travelling in White Creta Hundai Car bearing registration No. HR14P-9300, when on 14.09.2023 it was intercepted by 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(iii). Status Report indicates that after completing formalities all four accused were arrested and three of the accused, namely, Jitender [driver], Vishal Sharma [bail petitioner], Shambhu Lal were produced before the Additional Chief Judicial Magistrate, Nahan for remand on 15.09.2023 whereas, S