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BAIL - NDPS ACT - SECTION 37 - [SUMMARY] The court granted bail to the petitioner, who was arrested for possession of 1.154 kg of charas, considering the quantity of contraband recovered, the period of his detention, and the fact that he was not the owner of the vehicle in which the contraband was found.
Fact of the Case:
The petitioner was arrested for possession of 1.154 kg of charas, which was recovered from a rucksack bag belonging to a co-accused in a vehicle owned by another co-accused. The petitioner was the owner of a different vehicle that was parked nearby.
Finding of the Court:
The court found that the prosecution's case, even if taken to be true, did not connect the petitioner with the recovered contraband. The petitioner was not the owner of the vehicle in which the contraband was found, and he was not aware of the contraband in the co-accused's bag.
Issues: Whether the petitioner was in possession of the recovered contraband.
Ratio Decidendi: The court held that the prosecution had failed to establish a connection between the petitioner and the recovered contraband. The petitioner was not the owner of the vehicle in which the contraband was found, and he was not aware of the contraband in the co-accused's bag.
Final Decision: The court granted bail to the petitioner, subject to certain conditions.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 7th DAY OF January, 2022 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THAKUR CRIMINAL MISC. PETITION (MAIN) NO. 2438 OF 2021 Between:-
SHER SINGH, SON OF SH.JASWANT SINGH, R/O VILLAGE SODHGAN (DALOSA), PO JATINGRI TEHSIL PADAR, DISTRICT MANDI HP AGED 37 YEARS …..PETITIONER (BY SH.UMESH KANWAR,ADVOCATE)
AND THE STATE OF HIMACHAL PRADESH ..…RESPONDENT (BY SH.HEMANT VAID, ADDITIONAL ADVOCATE GENERAL)
Whether approved for reporting?
Reserved on: 06.01.2022 Decided on: 07.01.2022 This petition coming on for pronouncement this day, the Court passed the following:
O R D E R Petitioner has approached this Court seeking bail under Section 439 Code of Criminal Procedure (in short ‘Cr.P.C.’), in case FIR No.131 of 2020, dated 26.08.2020, registered in Police Station Palampur, District Kangra, H.P., under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).
2. Status report stands filed. Record was produced.
3. As per status report, on 25.8.2020 at 11.55 PM, police party had noticed two vehicles parked on side of road, inner light whereof was on. One vehicle No. HP-02K-1661 was empty, whereas, four persons namely Lal Singh, Shrawan, Sher Singh and Kishan Chand were found sitting in another vehicle No. HP- 76-3352. Lal Singh was sitting on driver seat, whereas, Shrawan Kumar was sitting on front seat adjacent to the driver. Sher Singh and Kishan Chand were sitting on back seat.
4. As per status report, after verification and identification of occupants of car, vehicle No. HP-76-3352 was searched in accordance with law in presence of President Jasbir Singh and Rohit Kumar resident of Tanda at about 12.45 AM. During search, a rucksack bag was found with Shrawan kept by him near his knees who was sitting on front seat along with driver. On opening, charas was recovered from this bag. On weighing, it was found 1.154 Kg. Thereafter, second vehicle was also searched but nothing was recovered therefrom, but Sher Singh owner of the said car could not produce the documents. The car No. HP-76-3352 was found in the name of Lal Singh. The recovered contraband was taken in possession and seized and after registration of FIR by sending Ruka, investigation was carried on and all four persons sitting in the car were arrested and produced in the Court of learned Additional Chief Judicial Magistrate on 26.8.2020 and after remaining three days in police custody since 29.8.2020, they are in judicial custody.
5. As per State FSL report, recovered contraband has been confirmed to be charas.
6. It has been submitted by learned counsel for petitioner that even prosecution case is taken to be true as it is, then also there is nothing to connect the petitioner Sher Singh with recovered contraband. It has been further submitted that Sher Singh is owner of car No. HP-02K-1661 and neither from Sher Singh nor from the car owned by him, any contraband has been recovered. According to him, Sher Singh was called by Shrawan for hiring taxi and Sher Singh was not knowing anything about the material/contraband contained in rucksack bag of Shrawan Kumar. The vehicle wherein Shrawan was sitting belongs to co- accused Lal Singh and Lal Singh and Shrawan were sitting on front seats along with bag whereas petitioner was not knowing anything about the contraband. It has been contended that being resident of nearby villages petitioner and Shrawan were known to each other and thus Shrawan was intending to hire taxi of the petitioner and therefore on their request to come in their vehicle, petitioner had gone to vehicle of Lal Singh.
7. It has also been submitted by learned counsel for petitioner that recovered quantity is slightly higher than commercial quantity of 1 KG of charas which is nearer to intermediate quantity and further that recovered contraband has not been recovered from petitioner Sher Singh and petitioner has no criminal history or involvement in any other c
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