Single Judge allowed bail to Mahender Singh accused under NDPS Act for possessing 11 vials of codeine phosphate, finding he was not at risk of tampering evidence or fleeing, and fixed personal bond of Rs. 50,000.
Petitioner released on bail subject to personal bond of Rs. 50,000 with one surety in the like amount.
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. 690 of 2017 Decided on: 21st May, 2017
__________________________________________________________________ Mahender Singh ....Petitioner. Versus State of Himachal Pradesh. …Respondent.
Coram The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1
| For the petitioner: | Mr. K.B. Khajuria, Advocate. |
|---|---|
| For the respondent: | Mr. Pushpinder Jaswal, Dy. AG, with Mr. Rajat Chauhan, Law Officer. |
_________________________________________________________________ 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. 26 of 2017, dated 09.03.2017, under Section 22 of the Narcotic Drugs & Psychotropic Substances, Act (hereinafter referred to as “NDPS Act”), registered at Police Station Rohru, District Shimla, H.P.
09.03.2017 when the police party was on patrol duty near Seema
1 Whether reporters of Local Papers may be allowed to see the judgment?
College, they saw the petitioner standing in a rain shelter. The petitioner got perplexed and tried to escape therefrom. On suspicion, the police apprehended him and his personal search was conducted. During the search, from the pockets of his jacket and lower 11 vials, each 100 ml, were recovered. One vials had the label on which Corex was written and rest of the vials had no label. The petitioner could not produce any valid document for possessing the narcotics. Thereafter, the police completed all the codal formalities. Samples of recovered contraband were sent for chemical analysis and statements of the witnesses were also recorded. Chemical analysis revealed the presence of codeine phosphate. The recovered vial, which was labeled with Corex stricker, was found to have contained codeine phosphate 2.006 mg per ml and the unlabeled vial was found to have contained 1.956 mg per ml. Lastly, the prosecution has prayed that the petitioner is resident of Uttrakhand and there is possibility that he can flee from justice, thus the bail application may be dismissed.
11 vials of narcotics, he is resident of Uttarakhand and is in a position to flee from justice. He may also tamper with the prosecution evidence. Lastly, he has 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 favour of the petitioner, thus the petition may be dismissed.
Court. The bail is granted subject to the following conditions:
(Chander Bhusan Barowalia) Judge
21st June, 2017
(virender)
3 issues framed by the court
Whether the petitioner is eligible for bail in an NDPS case involving recovery of 11 vials of codeine phosphate.
Whether the disclosed facts render the petitioner a risk of tampering with evidence or fleeing from justice.
Whether the quantum of recovered narcotics makes this a fit case for exercising judicial discretion in favor of bail.
2 provisions across 2 enactments
Mahender Singh
State of Himachal Pradesh
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
