Ram Lal vs State Of H.P
2023 Latest Caselaw 1430 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Cr.MP(M) No. 324 of 2023.

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Reserved on : 20th February, 2023.

Decided on : 23rd February, 2023.

    Ram Lal                                                                 ...Petitioner.





                                         Versus

    State of H.P.                                                        ....Respondent.

    Coram:

The Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1 Yes.

For the Petitioner: Mr. Yasveer Singh Rathore, Advocate.

For the Respondent: Mr. Rajan Kahol and Mr. Rakesh

Dhaulta, Addl. AGs.

Satyen Vaidya, Judge.

Petitioner is an accused in case FIR No. 45 of

2022, dated 02.05.2022, registered under Sections 20 and

29 of Narcotic Drugs and Psychotropic Substances, Act (for

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

...2...

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short 'ND&PS' Act), at Police Station Anni, District Kullu,

H.P. Petitioner is in custody since 26.05.2022.

2. The brief facts of the case are that on 02.05.2020

at about 4.00 p.m. police officials nabbed one Rajkumar and

recovered 6 kg. 024 grams of charas from gunny bag carried

by him. Case was registered and said Rajkumar was

arrested.

3. On 26.05.2022, police arrested the petitioner with

the allegations that he had sold the charas to Rajkumar.

4. Evidence to implicate the petitioner is the

confessional statement allegedly made by Rajkumar. Help of

CDRs is also being taken to prove the offence against the

petitioner under Section 29 of the NDPS Act.

5. Petitioner has approached this Court for grant of

bail on the ground that his implication is false. There is no

legal evidence against him. The confessional statement made

by co­accused is of no avail. It is further submitted that the

petitioner had no concern with Rajkumar and the allegations

...3...

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of he being in contact with Rajkumar telephonically are

baseless. It is further contended that he is in custody for

more than eight months. Petitioner is stated to be

permanent resident of Village Kutwa, P.O. Jaon, Tehsil and

District Kullu, H.P.

6. I have heard learned counsel for the petitioner as

well as learned Additional Advocate General and have also

gone through the status report.

7. The contents of status report filed on behalf of the

respondent reveal that the petitioner has been implicated on

the basis of information allegedly provided by co­accused and

also CDRs in respect of calls allegedly exchanged between

both co­accused. Further, petitioner is also stated to have

made a statement under Section 27 of the Evidence Act and

in pursuance thereto he had disclosed the place where his

co­accused had allegedly handed over the contraband to him.

...4...

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8. The disclosure made by co­accused cannot be

read against the petitioner. As per the mandate of Hon'ble

Supreme Court in Tofan Singh vs. State of Tamilnadu,

reported in (2021)4 SCC 1. In State by (NCB) Bengaluru

vs. Pallulabid Ahmad Arimutta and another, (2022)2

Scale 14, the existence of CDR details of accused person(s)

has not been considered as a circumstance sufficient to hold

prima facie case against co­accused.

9. In the aforesaid circumstances, this Court is of the

view that petitioner has made out a case for grant of bail in

his favour. The facts and circumstances of the case are

sufficient to infer reasonable grounds for believing that

petitioner is not accused of offence alleged against him. Since

there is no past criminal history, relating to his involvement

in cases under NDPS Act. There is no material against the

petitioner to suggest that he will again indulge in similar

criminal activities, if released on bail.

...5...

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10. Petitioner is permanent resident of Village Kutwa,

P.O. Jaon, Tehsil Anni, District Kullu, H.P., and there is

nothing on record to suggest that petitioner may abscond or

flee from the course of justice.

11. Keeping in view the facts of the case, the bail

petition is allowed and petitioner is ordered to be released on

bail in case FIR No.45 of 2022, dated 02.05.2022, registered

under Sections 20 & 29 of ND&PS, Act, at Police Station

Anni, District Kullu, H.P., on his furnishing personal bond in

the sum of Rs. 1,00,000/­ with one surety in the like amount

to the satisfaction of learned trial court. This order shall,

however, be subject to the following conditions:­

i) Petitioner shall regularly attend the trial of the case

before learned Trial Court and shall not cause any delay in its conclusion.

ii) Petitioner shall not tamper with the prosecution evidence, in any manner, whatsoever and shall not dissuade any person from speaking the truth in relation to the facts of the case in hand.

(iii) Petitioner shall not leave India without permission of learned trial Court till completion of trial.

...6...

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12. Any expression of opinion herein­above shall

have no bearing on the merits of the case and shall be

deemed only for the purpose of disposal of this petition.

(Satyen Vaidya)

Judge 23rd February, 2023.

(jai)