The quantity allegedly recovered is intermediate quantity and not the commercial quantity, the petitioner cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail. This honorable judgement was passed by High Court of Shimla in the case of Sanjeev Kumar Versus State of Himachal Pradesh [Cr.MP(M) No. 578 of 2021] by The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.
The instant bail application had been filled by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release, in case, under Section 21 of the ND&PS Act, registered in Police Station Darlaghat, District Solan, H.P. As per the prosecution story, a police team was on routine traffic checking at place Link Road Manlog Badog. Police stopped an Alto car, and asked its driver about the documents of the vehicle. The driver of the vehicle turned perplexed and tried to muffle his face and also threw something towards the gear liver. On suspicion, police conducted further inquiries and the driver of the vehicle disclosed his name. Thereafter, the police conducted search of the vehicle and recovered a polythene packet, which contained two polythene packets, which were stuffed with some brownish substance. The recovered contraband was found to be heroin and on weighment it was 35 grams. Thereafter, the police completed all the formalities. The contraband, on being chemically examined, was found to be Diacety Morphine (Heroin). As per the police, total Rs. 4,90,338/- deposited and total Rs. 4,94,257/- withdrawn from the bank account of the petitioner. It was prayed that the bail application of the petitioner be dismissed, as the petitioner is involved in selling narcotics. There is possibility that in case at this stage, if the petitioner is enlarged on bail, he may flee from justice and may tamper with the prosecution evidence, so his bail application be dismissed.
The court opinioned that, “After considering the age of the petitioner, the fact that he neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is resident of the place and also considering the facts that nothing remains to be recovered at the instance of the petitioner, his custody is not at all required by the police, considering the quantity of the contraband allegedly recovered from the petitioner.”
The court allowed the petition stating that, “the fact that the petitioner is ready and willing to abide by the terms and conditions of bail, in case granted, and also considering the overall facts, which have come on record, and without 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. It is ordered that the petitioner, under Section 21 of the ND&PS Act, registered in Police Station Darlaghat, District Solan, H.P., shall be released on bail forthwith in this case.”
