Himachal Pradesh High CourtLudar Singh Aged 24 Years vs State Of H.P on 15 October, 2022Author:Vivek Singh ThakurBench:Vivek Singh ThakurIN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA\n                    ON THE 15th DAY OF OCTOBER, 2022\n                                     BEFORE\n              HON'BLE MR. JUSTICE VIVEK SINGH THAKUR\n\n\n\n\n                                                                .\n\n            CRIMINAL MISC. PETITION (MAIN) No. 1864 OF 2022\nBetween:-\n\n\n\n\n\n     LUDAR SINGH AGED 24 YEARS, SON OF\n     SH.DEHRU RAM, RESIDENT OF VILLAGE\n     SHARAN, PO RAILA, TEHSIL SAINJ,\n     DISTT. KULLU, H.P.                                              ...PETITIONER\n\n\n\n\n\n     (BY SH. YASHVEER SINGH RATHORE, ADVCATE.)\n\n     AND\n\n     STATE OF H.P.                                                ...RESPONDENT\n\n\n     (BY SH.RAJU RAM RAHI, DEPUTY ADVOCATE GENERAL.)\n\n     Whether approved for reporting?\n\n               This petition coming on for pronouncement this day, the Court\n\n\n\npassed the following:\n                              ORDERPetitioner has approached this Court seeking regular bail in case\n\n\n\n\n\nFIR No. 60 of 2021, dated 24.7.2021, registered under Sections 20 and 29 of\n\nNarcotic Drugs and Psychotropic Substances Act (for short "NDPS Act") in\n\n\n\n\n\nPolice Station Sainj, District Kullu, H.P.2.            Status report stands filed. Record was also made available.3.            As per status report, on 24.7.2021 at about 1:00 P.M. near\n\nSeund Power House Bihali Mor, Police party, present during Nakabandi,\n\nnoticed a youth coming on foot from an unmattled road side towards Police\n\nparty with a carry bag in his hand, who on seeing Police party started running\n\non the road going towards Rala, causing suspicion to Police party of some\n\nillegal article in the carry bag.        Thereupon Police party chased and\n\noverpowered the youth at a distance of 15-20 steps and inquired the identity\n\nof youth and about carry bag. As per prosecution case, youth disclosed his\n\nname Ludar Singh (petitioner) with his age and address and he could not give::: Downloaded on - 15/10/2022 20:03:57 :::CIS2           Cr.M.P. (M) No. 1864 of 2022answer satisfactorily about the article in the carry bag, which created doubt,\n\nwarranting search of the bag.4.           Two independent witnesses, with the help of police Constable\n\n\n\n\n                                                                 .were summoned on the spot and associated in the search and seizure\n\nprocess.5.           Following the procedure, in presence of independent witnesses\n\nand accused, carry bag was opened and checked, wherefrom 1.083\n\n\n\n\n\nKilograms charas was recovered, which was taken into possession as per\n\nprescribed procedure after weighing it on electronic balance available with the\n\nPolice.6.           After sending rukka to Police Station, FIR was registered and\n\nthereafter petitioner was arrested and investigation was completed. Since\n\n\n24.7.2021 petitioner is behind the bars.7.           As per prosecution case petitioner, during Police custody, on\n\n\n\n\ninterrogation, made a disclosure statement that Sanju @ Sanjay, 2-3 times on\n\n\n\n\n\n18.7.2021 and 4-5 times on 24.7.2021 made calls from his mobile to mobile\n\nnumber of petitioner, requesting to bring 1½ KG charas on the curve of Seund\n\n\n\n\n\nroad for a consideration of     75,000/-.   Further that petitioner himself had\n\nextracted the charas during the year 2020 from cannabis plants sown by him.8.           As per prosecution case after arrest of Sanu @ Sanjay, he\n\ndisclosed that one Monu alias Mena Ram had been asking Sanjay to provide\n\n1½ Kilogram charas for consideration of 75,000/- with offer to pay 5,000/-\n\nas commission to Sanjay.9.           Monu alias Mena Ram was also arrested, who, according to\n\nprosecution case, endorsed the version of Sanju alias Sanjay with further\n\ndisclosure that he (Mena Ram) was habitual of consuming charas himself\n\nand, therefore, he was calling Sanjay to arrange the same.10.          As per State FSL report recovered contraband has been\n\nconfirmed to be charas.::: Downloaded on - 15/10/2022 20:03:57 :::CIS3         Cr.M.P. (M) No. 1864 of 202211.            It has been submitted by learned counsel for the petitioner that\n\nrecovered quantity of 1.083 KG is slightly higher than commercial quantity of 1\n\nKG of charas which is nearer to intermediate quantity and further that\n\n\n\n\n                                                                   .petitioner has no criminal history or involvement in any other case of any\n\nnature much less in a case related toNDPS Actand, therefore, he cannot be\n\n\n\n\n\nconsidered a habitual offender to attract the rigors ofSection 37of NDPS Act.\n\nLastly, it is stated that petitioner has been arrested on 24.7.2021 and since\n\n\n\n\n\nthen he is behind the bars for more than 1 year and about 3 months and\n\nkeeping in view the prosecution story, he is entitled for bail.12.            Learned counsel for the petitioner submits that petitioner had\n\n\napproached this Court earlier also by filing Cr.M.P. (M) No. 2296 of 2021,\n\nwhich was dismissed on 7.12.2021 by rejecting the plea of petitioner to\n\n\nenlarge him on bail on the basis of parity referring order dated 27.8.2021\n\npassed in Cr.M.P. (M) No. 1236 of 2021, titled asRam Lal Vs. State of H.P.\n\n\n\n\nTheapplication was dismissed on the ground that period of detention of the\n\n\n\n\n\npetitioner, at that time, was not comparable with petitioner inRam Lal's case,\n\nwith observation that facts in the case relied upon on behalf of petitioner were\n\n\n\n\n\nnot similar to the case of petitioner in all respect.Learned counsel for the\n\npetitioner has submitted that now petitioner herein, like the petitioner inRam\n\nLal's case, has suffered detention of more than 1 year, i.e. 1 year and about 3\n\nmonths and also that in comparison to recovery of 1.112 Kilogram charas inRam Lal's case, recovery in present case, recovery in present case is 1.083\n\nKilograms and, therefore, it has been submitted that now petitioner is also\n\nentitled for bail on the same analogy.13.            Learned Deputy Advocate General has opposed grant of bail on\n\nthe ground that commercial quantity of 1 KG and 083 grams of charas has\n\nbeen recovered from the petitioner and the offence committed by the\n\npetitioner is not only affecting the individual but also society at large,\n\ntherefore, petitioner is not entitled for bail.::: Downloaded on - 15/10/2022 20:03:57 :::CIS4            Cr.M.P. (M) No. 1864 of 202214.           Considering all facts and circumstances, as narrated in the\n\nprosecution story, including quantum of contraband recovered from the carry\n\nbag allegedly being carried by accused and period of detention and other\n\n\n\n\n                                                                     .material placed before me, I am of the opinion that, at this stage, without\n\ncommenting upon the merits of the claims and counter claims of prosecution\n\n\n\n\n\nand learned counsel for the petitioner-accused, petitioner can be enlarged on\n\nbail.15.           Accordingly, present petition is allowed and petitioner is ordered\n\nto be enlarged on bail, subject to his furnishing personal bond in the sum of\n\n 1,00,000/- with one surety in the like amount, to the satisfaction of trial Court\n\n\nand upon such further conditions as may be deemed fit and proper by the trial\n\nCourt, including the conditions enumerated hereinafter, so as to assure\n\n\npresence of the petitioner at the time of trial:-(i)     That the petitioner shall make himself available to the\n                     Police or any other Investigating Agency or Court in the\n\n\n\n\n                     present case as and when required;(ii)    that the petitioner shall not directly or indirectly make any\n                     inducement, threat or promise to any person acquainted\n                     with the facts of the case so as to dissuade him/her from\n\n\n\n\n\n                     disclosing such facts to Court or to any police officer or\n                     tamper with the evidence. He shall not, in any manner, try\n                     to overawe or influence or intimidate the prosecution\n                     witnesses;(iii)   that the petitioner shall not obstruct the smooth progress of\n                     the investigation/trial;(iv)    that the petitioner shall not commit the offence similar to\n                     the offence to which he is accused or suspected;(v)     that the petitioner shall not misuse his liberty in any\n                     manner;(vi)    that the petitioner shall not jump over the bail;(vii) that in case petitioner indulges in repetition of similar\n                     offence(s) then, his bail shall be liable to be cancelled on\n                     taking appropriate steps by prosecution;(viii) that the petitioner shall keep on informing about the\n                     change in address, landline number and/or mobile number,\n                     if any, for their availability to Police and/or during trial; and::: Downloaded on - 15/10/2022 20:03:57 :::CIS5          Cr.M.P. (M) No. 1864 of 2022(ix)   the petitioner shall not leave India without permission of\n                        the Court.16.              It will be open to the prosecution to apply for imposing and/or to\n\n\n\n\n                                                                    .the trial Court to impose any other condition on the petitioner, enlarged on\n\nbail, as deemed necessary in the facts and circumstances of the case and in\n\n\n\n\n\nthe interest of justice and thereupon, it will also be open to the trial Court to\n\nimpose any other or further condition on the petitioner as it may deem\n\n\n\n\n\nnecessary in the interest of justice.17.              In case the petitioner violates any conditions imposed upon him,\n\nhis bail shall be liable to be cancelled. In such eventuality, prosecution may\n\napproach the competent Court of law for cancellation of bail, in accordance\n\nwith law.18.              Learned trial Court is directed to comply with the directions\n\nissued      by    the   High   Court,   vide   communication        No.HHC.VIG./Misc.\n\n\n\n\nInstructions/93-IV.7139 dated 18.03.2013.19.              Observations made in this petition hereinbefore shall not affect\n\nthe merits of the case in any manner and are strictly confined for the disposal\n\n\n\n\n\nof the bail application.20.              The parties are permitted to produce copy of order downloaded\n\nfrom the High Court website and trial Court shall not insist for certified copy of\n\nthe order, however, if required, passing of order can be verified from the High\n\nCourt website or otherwise.The petition stands disposed of in the aforesaid terms.(Vivek Singh Thakur),\n    th\n15 October, 2022                                         Judge.(Keshav)::: Downloaded on - 15/10/2022 20:03:57 :::CIS