DAVINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Davinder Kumar, who is behind the bars since 19/9/2020, has approached this Court in the instant proceedings filed under Sec. 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No. 145 of 2020, dtd. 18/9/2020, registered at police Station, Paonta Sahib, District Sirmaur, H.P. under Ss. 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'Act').

(2.) Status report filed/prepared by the respondent- State on the basis of the investigation carried out by the Investigating agency, reveals that on 18/9/2020, police after having received secret information that a person namely, Ashok Kumar has gone to Haryana for consignment of drugs, laid Naka at Police check post Behral. At 6.05 pm, motorcycle bearing No. HP 17-A-8677 TVS being driven by Ashok Kumar was stopped for checking. Since, aforesaid person got perplexed after having seen the police, police carried out his personal search as well as of the motorcycle in the presence of independent witnesses and allegedly recovered 1800 capsules of PYN SPAS PLUS. In the aforesaid background, FIR, as detailed hereinabove, came to be lodged against the person namely Ashok Kumar. During the investigation, above named Ashok Kumar disclosed to the police that though, he is a tailor by profession but since now a days, there is no work on account of lockdown, he on the askance of the person namely, Karamjeet had gone to Haryana from Paonta Sahib for bringing the consignment of drugs. He revealed to the police that accused Karamjeet had given him his motor cycle to enable him to go Hathinikund to meet a person namely Davinder Singh i.e. present bail petitioner. He also disclosed to the police that accused Karamjeet had hired him for Rs.250.00 on daily wages. He disclosed to the police that when he reached Hathinikund, present bail petitioner Davinder Singh gave him telephonic call and handed over the consignment of drugs. In the aforesaid background, present bail petitioner came to be named in the FIR. On the basis of aforesaid information shared by accused Ashok Kumar, police besides investigating the accused Karamjeet also investigated another accused namely, Tinku Kumar, who in their investigation allegedly admitted the factum with regard to delivery of consignment of drugs by present bail petitioner to accused Ashok Kumar. Police during investigation found that person namely Karamjeet and Tinku Kumar had been talking to accused Ashok Kumar frequently while he was going to Hathinikund for taking consignment of drugs. As per investigation, accused Karamjeet gave Rs.12,800.00 to accused Tinku Kumar for transferring the same into the bank account of present bail petitioner. As per status report, sum of Rs.3, 65,000.00 in total came to be transferred in the bank account of wife of present bail petitioner from the bank account of accused Tinku Kumar. In the aforesaid background, present bail petitioner came to be arrested on 19/9/2021 and since then he is behind the bars. Co-accused Karamjeet and Tinku Kumar already stand enlarged on bail vide judgments dtd. 27/4/2021 and 17/12/2020 passed by this Court in Cr.MP(M) No. 528 of 2021 and Cr.MP(M) No.2084 of 2020. Since challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner coupled with the fact that other co-accused Karamjeet and Tinku Kumar already stand enlarged on bail, petitioner has approached this Court in the instant proceedings under the changed circumstances.

(3.) Mr. Sudhir Bhatnagar, learned Additional Advocate General, while fairly admitting the factum with regard to filing of the challan in the competent court of law, contends that though nothing remains to be recovered from bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, prayer made on his behalf for grant of bail deserves outright rejection. While making this Court to peruse the status report, Mr. Bhatnagar submits that there is overwhelming evidence adduced on record by the Investigating Agency suggestive of the fact that present bail petitioner in connivance with other co-accused Karamjeet and Tinku Kumar delivered the consignment of prohibited drugs to other co-accused Ashok Kumar and as such, it cannot be said that present bail petitioner has been falsely implicated. While referring to record, learned Additional Advocate General contends that present bail petitioner on the date of alleged incident was not only in the constant touch of accused Ashok Kumar, but he himself delivered the consignment of drugs to Ashok Kumar and as such, does not deserve any leniency. Lastly, Mr. Bhatnagar, learned Additional Advocate General submits that sum of Rs.3, 65,000.00 came to be transferred in the bank account of Smt. Gurvinder Kaur wife of the present bail petitioner and as such, it stands duly established on record that present bail petitioner had been indulging in the illegal trade of narcotics and as such, it would not be in the interest of justice to enlarge him on bail at this stage.