Himachal Pradesh High Court
CRMPM/1765/2018 on 28 December 2018
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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No. 1765 of 2018 Decided on : 28.12.2018
Nageshwar Dipta
…..Petitioner Versus State of H.P.
….Respondent.
Coram:
The Hon’ble Mr. Justice Sureshwar Thakur, Judge. Whether approved for reporting?1 For the petitioner: Mr. Manoj Pathak, Advocate.
For the respondent: Mr. Hemant Vaid & Mr. Desh Raj Thakur, Addl. A.Gs. with Mr. Vikrant Chandel, Dy.A.G.
Sureshwar Thakur, J (oral) The instant petition has been instituted by the bail petitioner under Section 439 Cr.P.C, for, his being released from judicial custody, wherein he is extantly lodged for his allegedly committing offence(s) punishable under Section 20 of ND&PS Act, in respect whereof, FIR No. 247 of 2018 of 1 Whether reporters of the local papers may be allowed to see the judgment?
5.12.2018, is lodged, at Police Station Dhalli, District Shimla, Himachal Pradesh.
2. The learned Additional Advocate General, on instructions meted to him by the Investigating Officer, has made a clear submission, before this Court that the afore quantum of charas, as, stood recovered from the exclusive possession of the bail applicant hence weighing 1 KG 83 grams, and, the quantity of purified resin therein, being 32.05%, (a) and, he further submits that after separating/excluding, the afore quantum, of, pure resinous substance, as carried in the afore quantum of charas, the quantum thereof, also rather falling within the category of less, than, commercial quantity thereof. Consequently, when the pure resinous substance, as found, in the total haul of the contraband, hence falls within the category of less, than commercial quantity or intermediate quantity thereof, (b) hence bearing in mind the afore parameter, this Court is constrained to, afford facility of bail, visavis, the bail applicant, given there being no statutory bar against granting of bail qua any relevant item of contraband upon its falling within less than commercial quantity thereof.
3. Moreover, when also at this stage, no material, has been placed on record, by the prosecution, demonstrating that in the event of bail being granted to the petitioner/bail applicant, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, thereupon this Court is constrained to afford, the facility of bail in favour of the petitioner/bail applicant. Accordingly, the petitioner/bail applicant is ordered to be released from judicial custody, subject to compliance by him with the following conditions: i) That he shall furnish personal and surety bonds in the sum of Rs. 3,00,000/, each to the satisfaction of Chief Judicial Magistrate, Shimla. ii) That he shall join the investigation, as and when required by the Investigating agency. iii) That he 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 him from disclosing such facts to the Court or to the Police. iv) That he shall not leave India without the prior permission of the Court. v) That he shall deposit his passport, if any, with the Police Station, concerned. vi). That in case of violation of any of the conditions, the bail granted to the bail applicant shall be forfeited and he shall be liable to be taken into custody.
4. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. (Sureshwar Thakur) Judge 28th December, 2018 (kck)