Paramjeet Alias Goshan vs State Of Himachal Pradesh
2021 Latest Caselaw 102 HP

Citation : 2021 Latest Caselaw 102 HP
Judgement Date : 4 January, 2021

Himachal Pradesh High Court

Paramjeet Alias Goshan vs State Of Himachal Pradesh on 4 January, 2021

Bench: Vivek Singh Thakur

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              IN THE HIGH COURT OF HIMACHAL PRADESH
                              SHIMLA
                                          Cr.M.P.(M) No. 2212 of 2020




                                                                                .

                                          Reserved on: 31.12.2020
                                          Date of Decision: January 4, 2021





    Paramjeet alias Goshan                                                          ...Petitioner.

                                                  Versus





    State of Himachal Pradesh                                                       ..Respondent.


    Coram:

    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.

    Whether approved for reporting?1

    For the Petitioner:                   Mr. N.S. Chandel, Senior Advocate,
                                          alongwith Mr.Vinod K. Gupta, Advocate,
                                          through Video Conferencing.



    For the Respondent:                   Mr.Desh Raj Thakur, Additional Advocate
                                          General, through Video Conferencing.




    Vivek Singh Thakur, J.

Petitioner, who has been arrested on 02.08.2020

for recovery of 7.21 grams heroin/Chitta, has approached this

Court under Section 439 Code of Criminal Procedure (in short

'Cr.P.C.'), seeking regular bail in case FIR No.100 of 2020 dated

02.08.2020, registered in Police Station Damtal, District Kangra,

under Section 21 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (hereinafter referred to as 'NDPS Act' in

short).

Whether reporters of the local papers may be allowed to see the judgment?

2. Petitioner had approached this Court earlier also by

filing Cr.M.P.(M) No.1595 of 2020 which was dismissed as withdrawn

on 15.10.2020.

3. As per status report, on 02.08.2020, noticing police

party, the petitioner had turned back at once and had thrown

something which, on suspicion was picked up from the spot in

presence of independent witnesses associated during search and

seizure process and was, on verifying through Drug Detection Kit,

found to be heroin/Chitta.

4. It is also stated in the status report that petitioner has

also been found involved in cases under NDPS Act in case FIRs

No.194 of 2017 dated 05.08.2017 and 89 of 2018 dated

28.03.2018, wherein respectively 0.98 and 3.03 grams heroin/Chitta

was recovered from her. In present case, challan has been

presented in the Court of Special Judge, Kangra at Dharamshala on

01.10.2020.

5. Learned counsel for the petitioner submits that nothing

has been recovered from the petitioner and she has been involved

in the present case only for suspicion that allegedly recovered

heroin/Chitta was thrown by her and further that quantity alleged to

have been recovered is slightly more than small quantity of 5 grams

and keeping in view these facts coupled with that petitioner is a

woman, she deserves to be treated differently as provided under

Section 437 Cr.P.C., and thus prayer for enlarging her on bail has

been pressed as allegations levelled against her are yet to be

proved by the prosecution in the trial Court and she is behind the

bars since about last five months.

6. Learned Additional Advocate General has opposed bail

on the ground that from previous case history it is apparent that

petitioner is a habitual offender and there is possibility of repetition

of same offence by her and, therefore, she is not entitled for bail on

any ground.

7. Learned counsel for the petitioner submits that

previous involvement of petitioner, as per settled law of the land,

cannot be taken into consideration for passing any order against the

petitioner in present case and present case is to be considered and

decided on the basis of nature and gravity of the offence allegedly

committed by the petitioner as for quantum of alleged recovered

substance rigours of Section 37 of NDPS Act are not applicable and

being a lady petitioner deserves to be enlarged on bail.

8. Considering entire facts but without evaluating material

on record and rival contentions of parties, on merit, which are to be

assessed and considered by the trial Court during trial, at this

stage, petitioner may be enlarged on bail.

9. Accordingly, petition is allowed and petitioner is

ordered to be released on bail in case FIR No.100 of 2020 dated

02.08.2020, registered in Police Station Damtal, District Kangra,

H.P., under Section 21 of the NDPS Act, on her furnishing personal

bond in the sum of `50,000/- with one surety in the like amount, to

the satisfaction of the trial Court, within three weeks from today,

upon such further conditions as may be deemed fit and proper by

the trial Court, including the conditions enumerated hereinafter, so

as to ensure the presence of petitioner/accused at the time of trial

and also subject to following conditions:-

(i) That the petitioner shall make herself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioner shall not directly or indirectly make

.

any inducement, threat or promise to any person

acquainted with the facts of the case so as to dissuade her from disclosing such facts to Court or to any police officer or tamper with the evidence. She shall not, in

any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth

progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which she is accused or suspected;

(v) that the petitioner shall not misuse her liberty in any

manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that in case petitioner indulge in repetition of similar

offence(s) then, her bail shall be liable to be cancelled on taking appropriate steps by prosecution; and

(viii)that she shall not leave the territory of India without prior information. She shall inform the Police/Court her

contact number and shall keep on informing about change in address and contact number, if any, in

future.

10. It will be open to the prosecution to apply for imposing

and/or to the trial Court to impose any other condition on the

petitioner as deemed necessary in the facts and circumstances of

the case and in the interest of justice and thereupon, it will also be

open to the trial Court to impose any other or further condition on

the petitioner as it may deem necessary in the interest of justice.

11. In case the petitioner violates any condition imposed

upon her, her bail shall be liable to be cancelled. In such

eventuality, prosecution may approach the competent Court of law

for cancellation of bail, in accordance with law.

12. Trial Court is directed to comply with the directions

issued by the High Court, vide communication No.HHC.VIG./Misc.