Jyotsna Rewal Dua, J
1. Petitioner is an accused in FIR No. 35 of 2020, dated 14.02.2020, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances
Act (hereinafter referred to as the NDPS Act), registered at Police Station Rampur Bushehar, District Shimla, H.P. He is seeking regular bail in the
instant petition filed under Section 439 of the Code of Criminal Procedure.
2. I have heard learned counsel for the parties through video conference and gone through the status report, filed by the respondent-State.
3. The case against the petitioner is that a police party on patrolling duty stopped a bus bearing registration No. HP-68B-0164 (Pathankot-Sarahan)
near Machhara bridge on 14.02.2020 at around 6.00 a.m. During checking of the bus, a person (later identified as the petitioner) fled from its rear
door. Search of the bus was carried out in accordance with law. One perplexed occupant of the bus, later identified as Kuldip Kumar, was also
searched. From one pocket of the bag, kept by him on his lap, 6 gms. of heroin was recovered. From another pocket of the bag, certain other articles
were recovered, including one mobile phone. Kuldip Kumar was arrested and investigation ensued on registration of FIR. During investigation, the
main accused Kuldip Kumar, from whose possession 6 gms. of heroin was recovered, allegedly stated that he was habitual consumer of heroin and
had purchased the recovered heroin alongwith the bail petitioner on 13.02.2020 against cash amount of Rs. 10,000/- drawn by him (Kuldip Kumar)
from bank through ATM. The petitioner was also participant in the purchase of heroin alongwith him. He also stated that certain articles in the bag
held by him, including a mobile phone, belonged to the bail petitioner.
On the basis of the alleged statement of Kuldip Kumar, bail petitioner was arrested on 14.03.2020 and is in custody since then. The status report
mentions certain other criminal cases pending against the bail petitioner viz. (I) Case No. 91/2014, dated 24.01.2014 under Sections 341 and 323 of the
Indian Penal Code; (ii) Case No. 35/2016, dated 15.04.2016, under Sections 452, 504 and 506 of the Indian Penal Code and (iii) Case No. 146/2018,
dated 01.10.2018, under Section 21 of the NDPS Act. As per the status report, Case No. 91/2014 stands compromised by the parties on 31.08.2016.
4. Learned counsel for the petitioner submitted that main accused Kuldip Kumar, from whose possession contraband in question was recovered, has
already been enlarged on bail by the learned Sessions Judge, Kinnaur at Rampur Bushehar on 13.03.2020. The petitioner is under arrest ever since
14.03.2020. No recovery is to be effected from him. The petitioner has been falsely implicated with the offence alleged against him. The petitioner
was not in possession of the contraband. Merely on the basis of statement of main accused Kuldip Kumar, he has been implicated in this case. The
petitioner has further undertaken to abide by all the conditions which may be imposed upon him by this Court in case of his enlargement on bail.
Learned Additional Advocate General has opposed the grant of bail pointing out the various cases registered against him in past.
5. The quantity for which the petitioner has been made as a co- accused in the instant case is 6 gms. of heroin, which is a small quantity. The main
accused, from whose possession the quantity was allegedly recovered, has already been enlarged on bail on 13.03.2020. The complexity of the
petitioner with the alleged recovery of contraband is yet to be proved in accordance with law. The investigation is almost complete. No recovery is to
be effected from the bail petitioner, who is in custody w.e.f. 14.03.2020. No doubt, the bail petitioner was an accused in three previous cases, out of
which one under Sections 341, 323 of the Indian Penal Code has already been compromised by the parties on 31.08.2016 and two others, including
Case No. 146/2018 under Section 21 of the NDPS Act for possessing 9 gms. of heroin are stated to be under consideration. However, in the interest
of justice, considering the fact that contraband allegedly recovered from him in this case is a small quantity and the fact that bail petitioner belongs to
Village Kathada, P.O. Jadoli, Tehsil Nirmand, District Kullu, H.P., his presence can always be secured in the trial, threfore, a strict condition can be
imposed upon him in respect of cancellation of the instant bail being granted to him, in case, he, in future, is found to be involved in any offence under
the NDPS Act. Accordingly, instant petition is allowed. The accused-petitioner is ordered to be released on bail in aforementioned FIR, on his
furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of learned
trial Court, subject to following conditions:-
i). The petitioner is directed to join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with
law;
ii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever;
iii) The petitioner shall not leave India without prior permission of the Court;
iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with
the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;
v). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law;
vi). The petitioner shall inform the Station House Officer of the Police Station concerned about his place of residence during bail and trail. Any change
in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail,
PAN Card, Bank Account Number, if any; and
vii) It is made clear that in case the petitioner is arraigned as an accused in future, in any FIR under NDPS Act, then his bail is liable to be cancelled.
It is open for the Investigating Agency to move appropriate application in that regard.
It is clarified that the observations made above are only for the purpose of adjudication of the present bail petition and learned trial Court shall not be
influenced by any of these observations while deciding the case on merits. It shall be open for the prosecution to move for cancellation of the bail in
case of violation of any of the terms & conditions of the bail or the petitioner abuses the liberty granted and breaches any of the conditions of bail. The
petition stands disposed of accordingly.
The Registry is directed to send a copy of this order to the District and Sessions Judge concerned through e-mail. The Court/Authority, attesting the
personal/surety competent bonds, shall not insist upon for requiring certified copy of this order and shall download the same from the website of High
Court for the purpose of office record.
Copy(s) of the aforesaid order be supplied by the Secretary to learned counsel for the parties through e-mail.
