Office Dochi vs State Of Himachal Pradesh
2022 Latest Caselaw 469 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                        ON THE 2nd DAY OF MARCH, 2022.

                                           BEFORE




                                                                         .
         HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA





           CRIMINAL MISC. PETITION (MAIN) No. 393 OF 2022

    Between:-





    RUSHIL TANTA AGED 25 YEARS, SON
    OF SH. RAJINDER TANTA, RESIDENT
    OF VILLAGE MIHANA, POST OFFICE





    DOCHI, TEHSIL JUBBAL, DISTRICT
    SHIMLA (IN JUDICIAL CUSTODY)
    THROUGH HIS FATHER RAJINDER
    TANTA SON OF SH. DHANI RAM
    TANTA,   RESIDENT  OF   VILLAGE
    MIHANA,   POST

                     OFFICE  DOCHI,
    TEHSIL JUBBAL, DISTRICT SHIMLA,

    H.P.

                                                                       ......PETITIONER
    (BY MR. RAVI TANTA, ADVOCATE)



    AND




    STATE OF HIMACHAL PRADESH

                                                                    ......RESPONDENT





    (BY MR. SHIV PAL MANHANS,
    ADDL. ADVOCATE GENERAL, MR.





    BHUPINDER THAKUR AND MR.
    YUDHBIR SINGH THAKUR, DY.
    ADVOCATES GENERAL)

    (HC NAVEEN KUMAR NO.19, P.S.
    SADAR SOLAN, DISTRICT SOLAN,
    ALONGWITH THE RECORDS)

    1
        WHETHER APPROVED FOR REPORTING?                               Yes.


           This petition coming on for orders this day, the Court passed the
    following:

                                         ORDER

The present bail application has been maintained by

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

the petitioner, under Section 439 of the Code of Criminal Procedure

seeking his release in case FIR No. 13 of 2022, dated 19.1.2022,

under Sections 21 & 29 of the ND&PS Act, registered at Police

.

Station Solan, District Solan, H.P.

2. As per the averments made in the petition, the

petitioner is innocent and has been falsely implicated in the present

case. He is neither in a position to tamper with the prosecution

evidence nor in a position to flee from justice, as he is permanent

resident of the place. No fruitful purpose will be served by keeping

3.

r to him behind the bars for an unlimited period, so he be released on

bail.

Police report stands filed. As per the prosecution story,

on 18.1.2022 around 9:30 p.m, the investigator alongwith other

police officials was on patrolling duty at Saproon, Rabon, District

Solan. When at about 12:15 am, the investigator was present near

DC Office Solan, he received a secret information that vehicle

bearing No.HP01A-7366, being occupied by the accused alongwith

their companion, who indulge in the business of contraband is

coming from Dharampur side and if intercepted, huge quantity of

heroin can be recovered. The investigator completed formalities

under NDPS Act and proceeded towards Saproon Chowk. He tried to

associate independent witness, but to due to COVID-19, he could

not do so. At about 1:15 a.m, the aforesaid vehicle came at the

spot, which was signaled to stop. The vehicle was being driven by

Manish Bhotka, whereas one Rushil Tanta (petitioner herein) was

sitting on the rear seat. Thereafter, the investigator searched the

vehicle and inside the dash board, he found one transparent

polythene, in which a white substance was found, which was

wrapped in a plastic, and on checking it was found to be heroin. On

weighing the heroin, it was found 18.8 grams. As per the police,

after completion of the investigation, on 24.2.2022, challan stands

presented in the learned Trial Court. Lastly, it is prayed that

.

considering the quantity of the recovered contraband, and the fact

that the trial is in its initial stage and in case at this stage, if the

petitioner is enlarged on bail, he may tamper with the prosecution

evidence and flee from justice, the bail application of the petitioner

be dismissed.

4. I have heard the learned Counsel for the petitioner,

5.

r to learned Additional Advocate General for the State and gone through

the records, including the police report, carefully.

The learned Counsel for the petitioner has argued that

the petitioner has been falsely implicated in the present case. He

has further argued that the petitioner is neither in a position to

tamper with the prosecution evidence nor in a position to flee from

justice, as he is permanent resident of the place. No fruitful

purpose will be served by keeping the petitioner behind the bars for

an unlimited period, especially when investigation is complete, even

challan stands presented in the learned Trial Court, so the custody

of the petitioner is not at all required by the police for any purpose.

Therefore, the petition may be allowed and the petitioner may be

enlarged on bail.

6. Conversely, the learned Additional Advocate General

has argued that heroin has been recovered from the conscious and

exclusive possession of the petitioner, which he intended to sell

further, thus the petitioner has committed a serious offence and in

case, at this stage, if he is enlarged on bail, he may tamper with the

prosecution evidence and may flee from justice. It is prayed that

the bail application of the petitioner be dismissed.

7. In rebuttal the learned Counsel for the petitioner has

argued that the petitioner is neither in a position to flee from justice

nor in a position to tamper with the prosecution evidence, as he is

.

permanent resident of the place. Investigation is complete and

even challan stands presented in the learned Trial Court, so the

custody of the petitioner is not at all required by the police for any

purpose. He has further argued that the petitioner cannot be kept

behind the bars for an unlimited period, so the petitioner may be

enlarged on bail by allowing the instant bail petition.

8.

At this stage, considering the fact that the petitioner

is neither in a position to tamper with the prosecution evidence nor

in a position to flee from justice, as he is permanent resident of the

place, the investigation is almost complete and even challan is

presented in the learned Trail Court. Considering the quantity of

the recovered contraband and the fact that it was recovered from

the dash board of the vehicle, moreover the petitioner is a drug

addict and not a drug sellers and he needs proper medical care and

counseling to quite drugs, the petitioner is behind the bars for a

considerable time and he cannot be kept behind the bars for an

unlimited period, the petitioner is ready and willing to abide by the

terms and conditions of bail, in case he is enlarged on bail and also

considering the overall facts, which have come on record, and

without elaborately discussing the same at this stage, this Court

finds that the present is a fit case where the judicial discretion to

admit the petitioner on bail is required to be exercised in his favour.

Accordingly, the instant petition is allowed and it is ordered that the

petitioner, in case FIR No. 13 of 2022, dated 19.01.2022, under

Sections 21 and 29 of the ND&PS Act, registered at Police Station

Sadar Solan, District Solan, H.P., shall be released on bail forthwith

in this case, subject to his furnishing personal bond in the sum of

Rs.25,000/- (rupees twenty five thousand) with one surety in the like

amount to the satisfaction of the learned Trial Court. The bail is

.

granted to the following conditions:-

(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.

(ii) That the petitioner will not leave India without prior permission of the Court.

(iii) That the petitioner will not directly or indirectly make any inducement, threat or

promise to any person acquainted with the facts of the case so as to dissuade their from disclosing such facts to the Investigating Officer or Court.

9.

In view of the above, the petition is disposed of.

10. Needless to say that the observations made

hereinabove are only confined for adjudication of the present case

and the same shall have no bearing on the merits of the main case,

which shall be adjudicated on its own.

Copy dasti.

                                   ( Chander Bhusan Barowalia )
    2nd March, 2022                           Judge
        (CS)