PARDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER is an accused in FIR No. 235 of 2013, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, on 21.11.2013, in Police Station, West, Shimla against him and his co -accused Sunny Kashyap. He has been arrested on 21.11.2013 itself and after his interrogation in police custody has since been lodged in judicial custody. The allegations, as disclosed from the record, are that on 21.11.2013, around 8.45 p.m., at Totu Chowk near Power -House, he was found to be one of the occupants of vehicle bearing registration No. HP -52 -A -4199, owned by his co -accused Sunny Kashyap and parked there. The police -party headed by Head Constable Manoj Kumar of Police Station, West Shimla, when conducted the search of the vehicle recovered poppy straw weighing 12.5 kilograms, kept therein at legs space between the front and rear seat. They were asked to produce licence or permit, if any, with them for carrying the same, however, when failed to produce, the case was registered against them and subsequently arrested.

(2.) THE investigation though is complete, however, this application has been contested on the ground that the accused -petitioner and his co -accused during the course of interrogation did not disclose the source from, where they procured the contraband recovered from them.

(3.) KEEPING in view the fact that the accused -petitioner is local resident of Tehsil and District Shimla, it can reasonably be believed that he has roots in the society. Therefore, this Court feels that there is no likelihood of his fleeing away from justice of jumping over the bail. Otherwise also, his movements in order to ensure his presence during the course of trial can be restricted by imposing suitable conditions upon him. Therefore, well before holding the trial against the accused and otherwise found to be guilty, this Court is of the opinion that his further detention in the judicial custody is not warranted. The petition is accordingly allowed. It is ordered that the accused -petitioner, who presently is lodged in judicial custody, in connection with FIR No. 235 of 2013, registered in Police Station, West Shimla, shall. be released on bail, subject to his furnishing personal bond in the sum of Rs. 1,00,000/ - with two sureties in the like amount to the satisfaction of learned Chief Judicial Magistrate, Shimla and shall further abide by the following conditions: - -