High Court of Himachal Pradesh dismissed this bail application under Section 439 CrPC against a petitioner accused of trafficking under the NDPS Act. The court rejected bail due to the commercial quantity of drugs recovered, unexplained money, and high risk of tampering with evidence or fleeing.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M) No. 636 of 2017 Decided on: 13th June, 2017
__________________________________________________________________ Parveen Kumar ....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. T.S. Chauhan, 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. 351 of 2016, dated 29.12.2016, under Sections 12 and 29 of the Narcotic Drugs & Psychotropic Substances, Act, registered at Police Station Una, District Una, H.P.
1 Whether reporters of Local Papers may be allowed to see the judgment?
registration No. HP72-2935. The vehicle was stopped and searched. On search a gunny bag was recovered from the vehicle, which contained two boxes of tablets Lomotil and in each of the said box there were 100 strips. Thus, in total 12000 tablets of Lomotil were recovered. In addition to 12000 tablets 20 cartons of Spasmo Proxyvon Plus , each carton containing six strips and each strip containing 24 capsules, in total 2880 capsules were recovered. The driver of the vehicle divulged his name as Surjeet Kumar and he could not produce any valid document for possessing the narcotics. Police took into possession the recovered contraband and also completed all the codal formalities. During the course of investigation accused Surjeet Kumar disclosed that he purchased the said contraband from the petitioner (Parveen Kumar). Accused Surjeet Kumar further divulged to the police that the petitioner himself, in his vehicle No. HP 72A-3308, delivered the narcotics to him at Rakkar. The petitioner was arrested and his vehicle bearing registration No. HP-72A-3308 was also taken into possession. Personal search of the petitioner was also conducted and `19,000/- were recovered from him and he could not disclose the valid source of the money kept by him. Police also collected the call details of accused Surjeet Kumar and the petitioner, which also points out towards the involvement of Surjeet Kumar and the petitioner. The samples from the recovered narcotics were sent for chemical analysis and the reports were obtained. The overall conspectus of the reports reveals that the
recovered contraband is of commercial quantity. 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 and the petitioner is spoiling the society. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.
commercial quantity, and also taking into consideration the manner in which the petitioner was apprehended, as well as after going through the record that the petitioner is likely to tamper with the prosecution evidence and flee from justice, this Court finds 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. The petition, which sans merits, deserves dismissal and is accordingly disposed of.
(Chander Bhusan Barowalia) 13th June, 2017 Judge
(virender)
2 issues framed by the court
Whether the bail application of the petitioner accused of drug trafficking should be granted considering the commercial quantity of contraband.
Whether the petitioner is likely to tamper with evidence or flee from justice.
2 provisions across 2 enactments
Parveen Kumar
State of Himachal Pradesh
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
