HET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Het Ram, who is behind the bars since 21/8/2021, has approached this Court in the instant proceedings filed under Sec. 439 Cr.PC, for grant of regular bail in case FIR No. 80/2021, dtd. 18/8/2021, under Ss. 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act (in short "the Act") registered at Police Station Kumarsain, District Shimla, H.P.

(2.) Respondent-State has filed status report, in terms of order dtd. 8/10/2021 and ASI Jai Singh, Police Station Kumarsain, District Shimla, H.P., has also come present with record. Record perused and returned. Close scrutiny of status report/record, reveals that on 18/8/2021, police stopped Car bearing No.TO821-HP1210G being driven by person namely Tikkam Ram for checking and allegedly recovered one bag containing 1.135 kg. Charas, in the presence of independent witnesses. Since, no plausible explanation came to be rendered on record by person namely Tikkam Ram qua the possession of commercial quantity of contraband, police after completion of necessary codal formalities, lodged FIR, detailed hereinabove, against him and since then, he is behind the bars. During investigation, above-named Tikkam Ram disclosed to the police that he runs ready-made garments shop at Nirmand, Disrict Kullu and therefrom he earns sufficient money. He stated that person namely Nitu, came to his shop for buying clothes and told to him that whenever, he requires charas, he can contact him He further disclosed to the police that since he had suffered losses on account of COVID-19, he gave telephonic call to person namely Nitu for purchase of charas, so that he could make his losses. He stated that person namely Nitu asked him to pay sum of Rs.1.00 lac in advance but since on that day, his Googlepay account was not working, he requested his cousin brother Het Ram, i.e. present bail petitioner to transfer amount in the bank account of above-named person Nitu. Present bail petitioner namely Het Ram, on the askance of Tikkarm Ram, transferred sum of Rs.72,000.00 in total in the account of person namely Nitu through Googlepay account. As per investigation, present bail petitioner Het Ram after transferring sum of Rs.72,000.00 in the account of Nitu, also went alongwith main accused Tikkam Ram to Village Baga Sarahan on 16/8/2021 for procuring charas. After reaching Baga Sarahan, main accused Tikkam Ram, went to meet Nitu and present bail petitioner kept on sitting in the car. When recovery of charas was effected from the car of the main accused Tikkam Ram on 18/8/2021, present bail petitioner was not found sitting in the car. In the aforesaid background, present bail petitioner also came to be named in the FIR and since 21/8/2021, he is also behind the bars. Since, investigation in this case is complete and nothing remains to be recovered from the bail petitioner, he has approached this Court in the instant proceedings for grant of bail.

(3.) Mr. Desh Raj Thakur, learned Additional Advocate General, while fairly admitting factum with regard to filing of challan in the competent court of law, contends that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency and as such, prayer having been made on his behalf for grant of bail may be rejected. While referring to status report, Mr. Thakur, further contends that there is sufficient material available on record suggestive of the fact that bail petitioner after having transferred sum of Rs.72,000.00 in the bank account of person namely Nitu, also accompanied main accused Tikkam Ram on 16/8/2021 to Baga Sarahan for procuring charas and as such, it cannot be said that he has been falsely implicated.