CRMPM/1900/2015 on 31 December 2016

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1900 of 2015 Date of Decision: 31.12.2015 Maya Kalsi

…Petitioner

Versus

State of H.P.

…Respondent ___________________________________________________________

Coram

Hon'ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting? _________________________________________________________ For the petitioner : Ms. Shilpi Jain and Mr. Sunil

Mohan Goel, Advocates.

For the respondent : Mr. Parmod Thakur, Additional Advocate General for the respondent-State. Rajiv Sharma, Judge (oral):

The petitioner is seeking bail in case FIR No. 70 of 2015 dated 10.5.2015, registered at Police Station, Manali, District Kullu, under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

2. Petitioner had earlier approached this Court by way of Cr. M.P.(M) No. 1076 of 2015, which was decided on 27.7.2015. Thereafter, the petitioner moved an application bearing No. 131 of 2015 before the Special Judge, Kullu. He dismissed the same on 3.12.2015.

3. I have gone through the order dated 3.12.2015.

4. Ms. Shilpi Jain, Advocate has brought to the notice of the Court that FSL report does not conclusively prove that whether the substance i.e. MDA was Narcotic or Psychotropic Substance. Moreover, Mr. Parmod Thakur, learned Additional Advocate General submits that MDA is used frequently in rave parties. Petitioner is only 19 years old. The Court is of the considered opinion that taking into consideration the age of the petitioner, she can be released on bail in order to avoid her mixing up with the hardened criminals. The petitioner is permanent resident of Goa as per address given in the application. She would always be available to face the trial.

5. Consequently, the petition is allowed and the petitioner, who has been arrested in connection with case FIR No. 70 of 2015 dated 10.5.2015, registered at Police Station, Manali, District Kullu, under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 is ordered to be released on bail subject to her furnishing personal bond in the sum of ` 20,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kullu, with the following conditions:

(a) She shall make herself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

(b) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; ( c) She shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the

Court or the Police Officer; and

(d) She shall not leave the territory of India without the prior permission of the Court.

6. It is clarified that if the petitioner misuses her liberty or violates any of the conditions imposed upon her, the investigating agency shall be free to move this Court for cancellation of the bail.

7. Any observation made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this application alone.

The petition stands accordingly disposed of.

Copy dasti.

(Rajiv Sharma),

Judge December 31, 2015 (kalpana)