PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, Pawan Kumar, who is behind the bars since 29.12.2020, has approached this Court in the instant proceedings filed under S.439 CrPC, for grant of bail in case FIR No. 40, dated 11.2.2020 under Ss. 15 and 25 of the Narcotic Drugs & Psychotropic Substances Act registered at Police Station Bhoranj, District Hamirpur, Himachal Pradesh.

(2.) Status report filed by the respondent-State, in terms of order dated 30.3.2021, reveals that on 11.2.2020 Pradhan, Gram Panchayat Mundkhar, informed the Police party present near Sulgwan Chowk, that there is one red coloured Maruti car bearing registration No. HR-03C-6909, standing abandoned near Sunehal Khadd. On the basis of aforesaid information, Police reached Sunehal Khadd and found the aforesaid car lying abandoned on the road side. Though, the doors of the vehicle were closed but since dickey of the vehicle was found open, police, in the presence of the independent witnesses, searched the vehicle and allegedly recovered four gunny bags containing 37.09 kg of poppy husk. After completion of codal formalities, police registered case under Ss. 15 and 25 of the Act ibid against unknown persons. To ascertain the involvement of the vehicle in the alleged incident, police procured CCTV footage of control room Una and found that on the date of alleged incident, vehicle in question was being driven near Mehatpur, District Una by the present bail petitioner. On the basis of documents recovered from the vehicle, police contacted the Regional Transport Officer, Panchkula and thereafter investigated the owner of the vehicle, Daya Shankar, resident of Panchkula. Above named Daya Shankar informed the police that on 21.12.2016, he had sold the car in question to the Modern Automobile in exchange offer for Rs.45,000/-. Modern Automobile, Industrial Area, Phase II, Panchkula, while confirming the sale made by Daya Shankar informed the Police that on 19.1.2017, vehicle sold by Daya Shankar was further sold to Kashi Tripathi, resident of Phase II, Ramdarbar Industrial area. Kashi Tripathi, on investigation revealed that he, after having purchased the vehicle from Modern Automobile, further sold the vehicle for Rs.27,000/- to the present bail petitioner in the months of September/ October 2017. However, he was unable to produce any affidavit/document with regard to sale-purchase of the vehicle in question. He informed the Police that since the vehicle was sold to Pawan Kumar on Sunday, sale-purchase document could not be prepared and thereafter, Pawan Kumar never returned to collect the sale-purchase documents. In the aforesaid background, police after ten months of lodging of FIR, arrested the present bail petitioner on 29.12.2020 and since then, he is behind the bars. Prior to filing of the petition at hand, petitioner had approached learned Special Judge, under S.439 CrPC, for grant of bail, but such petition was dismissed vide order dated 4.3.2021. Since the Challan stands filed in the competent Court of law and nothing remains to be recovered from the present bail petitioner, he has approached this Court in the instant proceedings in the changed circumstances.

(3.) Mr. Kunal Thakur, learned Deputy Advocate General, while fairly acknowledging the factum with regard to filing of the challan, contends that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of the offence alleged to have been committed by the bail petitioner, he does not deserve any leniency. Learned Deputy Advocate General, further contends that the present bail petitioner is a drug peddler and two cases already stand registered against him, as such, in the event of being enlarged on bail, bail petitioner may not only flee from justice but may indulge in such activities again as such, present petition deserves outright dismissal.