Single-judge High Court disposed of a bail application under Section 439 Cr.P.C. in an NDPS case involving 826 grams of opium. The court denied bail, finding the accused likely to tamper with evidence and flee, thus not a fit case for exercise of discretion.
Bail application dismissed; petitioner not granted release.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M) No. 602 of 2017 Decided on: 23rd May, 2017
__________________________________________________________________ Beli Ram ....Petitioner. Versus State of Himachal Pradesh. …Respondent.
Coram
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 Yes.
| For the petitioner: | Mr. Bhupinder Ahuja, Advocate. |
|---|---|
| For the respondent: | Mr. Virender K. Verma, Addl. AG, with Mr. Pushpinder Jaswal, Dy. AG. |
_________________________________________________________________ Chander Bhusan Barowalia, Judge (oral).
The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 218 of 2016, dated 23.10.2016, under Section 18 of the Narcotic Drugs & Psychotropic Substances, Act (hereinafter referred to as “NDPS Act”), registered at Police Station Kullu, District Kullu, H.P.
1 Whether reporters of Local Papers may be allowed to see the judgment?
bag and on seeing the police he threw his bag and also tried to flee. He was apprehended and he divulged his name as Beli Ram (petitioner herein). The bag, which he threw on seeing the police, was searched and it contained black liquid material. The material on smell and on experience was found to be opium. Police completed all the necessary codal formalities. An FIR was registered and the petitioner was arrested. Sample of recovered contraband has been sent for chemical analysis to SFSL, Junga. The petitioner divulged to the police that he had himself cultivated and collected the contraband and he wanted to sell the same to the truck drivers. The recovered contraband, on weighment, was found to be 826 grams. The prosecution has prayed for rejection of the bail of the petitioner on the ground that the petitioner is likely to indulge in such kind of activities again. The petitioner is spoiling the society. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed. 4. Heard. The learned counsel for the petitioner has argued that the petitioner may be released on bail as he is innocent and the quantity of the recovered contraband is not commercial quantity. He has further argued that the provisions of Section 437 Cr.P.C. are not applicable to him, as earlier in the case registered under Section 376 IPC he was sentenced for five years and some days only. Conversely, the learned Additional Advocate General has argued that the petitioner was found in possession of huge quantity of opium, i.e., 826 grams and the trial against him is
pending before the learned Trial Court and the witnesses are yet to be examined. He has further argued that the present is not a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour, thus the petition may be dismissed.
(Chander Bhusan Barowalia) 23rd May, 2017 Judge (virender)
2 issues framed by the court
Whether the accused, already convicted under Section 376 IPC and possessing 826 grams of opium, is eligible for bail under Section 439 Cr.P.C.
Whether the court should exercise judicial discretion to admit the petitioner on bail given the likelihood of tampering with evidence and fleeing justice.
3 provisions across 2 enactments
Beli Ram
State of Himachal Pradesh
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
