Regular bail application under Section 483 BNSS in an NDPS case involving recovery of 46.23 grams heroin, an intermediate quantity. Court noted prior acquittal in one case, completed investigation, parity with released co-accused, and allowed bail with conditions.
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( 2024:HHC:10562 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
| CrMP(M) No. | : 1735 of 2024 |
|---|---|
| Decided on | : 04 .11.2024 |
| Sunny Briak | …Applicant |
| Versus | |
| State of Himachal Pradesh | …Respondent |
Coram
The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant : Mr. Aditya Chauhan & Mr. Ankush Chauhan, Advocates. For the respondent : Mr. Anup Rattan, Advocate General, with Mr. Mohinder Zharaick and Mr. Tejasvi Sharma, Additional Advocates General.
Virender Singh, Judge.
Applicant-Sunny Briak has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), seeking his release on bail, during the pendency of trial, in case FIR No. 23 of 2024, dated 13th February, 2024,
1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
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registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS Act’), with Police Station Dhalli, District Shimla, H.P.
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the ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in this case.
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that Sunny Briak (applicant) and Shubham had brought chitta/heroin from Chandigarh side and both of them have stayed in a rented accommodation in Thakur Niwas, Near Dhalli Tunnel and in case, his residential house is searched, chitta/heroin, in large quantity, can be recovered.
9.1. On finding the information to be reliable, the provisions of Section 42 (2) of the NDPS Act were complied with and intimation was sent to the Supervisory Officer.
9.2. Thereafter, by associating the independent witnesses, the rental accommodation of Sunny Briak (applicant) and Shubham was searched and during search Chitta weighing 46.23 grams was allegedly recovered.
9.3. Other codal formalities were completed and the recovered contraband were taken into possession and put into a sealed parcel and the applicant and his co-accused were arrested.
9.4. The contraband, so recovered, was sent to SFSL Junga, for chemical analysis, from where, the positive report has been received. Thereafter, the challan was
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prepared and submitted to the competent Court of law on 10.4.2024.
9.5. It has been mentioned in the status report, that the co-accused of the applicant namely Shubham Dogra has already been released on bail by the competent Court of law on 6.3.2024.
9.6. Lastly, the prayer, as made, has been opposed
on the ground that the following cases have been registered against the applicant:-
(i) Case FIR No. 31/22, dated 27.04.2022, under Section 21 NDPS Act with Police Station Kotkhai; and
(ii) Case FIR No. 46/22, dated 18.05.2022, under Sections 21 & 29 NDPS Act, with Police Station Kotkhai;
9.7. It has been mentioned in the status report that
the applicant has disclosed that he has purchased the contraband from one Rummi from Dhanauli, as such, inquiry is to be made with regard to said Rummi.
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as such, rigors of Section 37 of the NDPS Act are not applicable, in this case.
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take away the presumption of innocence, which is otherwise available to him, till the conclusion of the trial.
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on his furnishing personal bail bond, in the sum of ₹50,000/-, with one surety of the like amount, to the satisfaction of the learned trial Court. This order, however,
shall be subject to the following conditions:
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Kaithu, Shimla, through e-mail, with a direction to enter the date of grant of bail in the e-prison software.
( Virender Singh ) Judge
November 04, 2023 (ps)
Digitally signed by KARAN SINGH KANWAR Date: 2024.11.04 17:55:52 IST
1 issue framed by the court
Whether the applicant is entitled to regular bail where the recovered contraband (46.23 grams heroin) falls within intermediate quantity and Section 37 rigors do not apply.
4 provisions across 2 enactments
Sunny Briak
State of Himachal Pradesh
Virender Singh
As recorded by the court registry
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