Himachal Pradesh High Court
Narender Kumar vs State Of H.P on 4 February, 2021
Bench: Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 207 of 2021
.
Reserved on: 01.02.2021.
Date of Decision: 04.02.2021.
Narender Kumar ...Petitioner
Versus
State of H.P. ...Respondent
Coram:
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1NO
For the petitioner: Mr. Ajay Sipahiya, Advocate.
For the respondent: Mr. Rajinder Dogra, Senior Addl.
Advocate General, with Mr. Anil
Jaswal, Additional Advocate General
and Vikrant Chandel, Deputy
Advocate General.
THROUGH VIDEO CONFERENCE
FIR Dated Police Station Sections
No.
53 3.11.2019 Kasauli, District 20 and 29-61-
Solan, HP. 85 of NDPS
Act.
Anoop Chitkara, Judge.
The petitioner, who is in custody w.e.f. 3.11.2019,
under the NDPS Act, for possessing 1.100 Kg. of charas, has
Whether reporters of Local Papers may be allowed to see the
judgment?
come up before this Court under Section 439 CrPC, seeking
bail.
.
2. Earlier, the petitioner had filed Cr.MP(M) No.4 of
2020, under Section 439 CrPC before this Court, which vide
order 09.10.2020, was dismissed as withdrawn and liberty was
reserved to the petitioner to file afresh in appropriate court.
Subsequently, the petitioner against filed bail application before
Ld. Special Judge,
withdrawn by the petitioner.
r to
Solan, however, the same was also
3. Though, the bail application, as well as status report
are silent about criminal history of the petitioner, but learned
counsel for the petitioner states that the petitioner has no
criminal history.
4. Briefly, the allegations against the petitioner are that
on 3.11.2019, police officials stopped and searched a
motorcycle, on which, apart from driver, Hem Singh, petitioner
Narender Kumar, was also sitting as pillion rider and was
carrying a bag on his lap. On search, police recovered 1.100 Kg.
of charas from the same. After that, the investigator conducted
procedural requirements of NDPS act and Cr.P.C and arrested
the accused. Based on these allegations, the present FIR came
to be registered against the petitioner.
5. Ld. Counsel for the petitioner contends that the
petitioner is a first offender and incarceration before the proof of
.
guilt would cause grave injustice to the petitioner and family.
6. On the contrary, the State contends that the Police
have collected sufficient evidence against the bail petitioner and
the co-accused. Another argument on behalf of the State is that
the crime is heinous, the accused is a risk to law-abiding
7. to
people, and bail might send a wrong message to society.
The quantity involved is commercial and the burden
was upon the petitioner to explain the presence of contraband.
This is the requirement of section 37 of the Act for the purpose
of bail, but he has failed to discharge same.
8. Ld. Counsel for the petitioner referred to certain
statements and memos from the police report, prepared under
section 173(2) CrPC, copies of which the accused had duly
received in compliance to S. 207 CrPC. However, the documents
which the Ld. Counsel referred were neither filed with the
petition, nor its copies supplied to the Court and the State.
Thus, the Court cannot base any finding on a document in the
Counsel's brief and not on Court's file.
9. Counsel for the petitioner has also made several
other arguments. Still, as this Court is not inclined to grant
bail, on the reasons mentioned above, discussion of the same
will be an exercise in futility. Any detailed analysis of the
.
evidence may prejudice the case of the prosecution or the
accused.
10. Given above, in the facts and circumstances peculiar
to this case, at this stage, the petitioner fails to make out a case
for bail. The petition is dismissed with liberty to file a new bail
application.
11. to
Any observation made hereinabove is neither an
expression of opinion on the merits of the case, nor shall the
trial Court advert to these comments.
The petition is dismissed, so also the pending
miscellaneous application(s), if any. .
Anoop Chitkara,
Vacation Judge.
February 4, 2021
R.Atal
