NAVED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in a case registered against him under Section 21 of the Narcotic Drugs and Psychotropic Substances Act vide FIR No. 98/13 in Police Station, Rohru, District Shimla, H.P. As per the allegations against him, he has been apprehended by the police at a place namely Thakur Market, Rohru along with 55 bottles of 'Corex' a cough syrup, which contains narcotic drug codeine phosphate. On asking about license, if any, with him qua possession thereof, he failed to produce the same. The investigation was conducted on the spot and he was arrested. The investigation is now complete. The report from Forensic Science Laboratory stands received. The final report in the matter is under preparation and likely to be presented in the Court. The quantity of codeine phosphate in the drug i.e. Corex recovered from the accused-petitioner in 55 bottles comes to 10.06 grams. In terms of notification issued by the Central Government in exercise of the powers vested in it under clause (VII-A) and (XXIII-A) of Section 2 of the Act, in the case of drug namely codeine small quantity is 10 grams, whereas, commercial quantity is 1 kg and above. The quantity recovered from the accused-petitioner being 11.06 grams is little greater than small quantity, however, lesser than commercial quantity. The rigor of Section 37 of the Act, therefore, is not attracted in the present case, however, learned Additional Sessions Judge has wrongly taken note of the said provision while dismissing the application for the bail filed by the accused-petitioner vide order dated 01.02.2014, annexed to this petition. Of course, the offence the accused-petitioner allegedly committed is not only against an individual but against the society as a whole, however, he is yet to be tried and if found to have committed the alleged offence, will be convicted and sentenced in accordance with law. True it is that he is a resident of Saharanpur (Uttar Pradesh), but record reveals that he is doing welding work with one Neelam Thakur of Thakur Market, Rohru. Any how, in the event of he is admitted on bail, this Court can impose appropriate conditions upon him to ensure his presence for the purpose of further interrogation and ultimately at the time of trial. Therefore, in the given facts and circumstances, more particularly, the quantity of the drug codeine allegedly recovered from him that too in the form of medicine "Corex", a cough syrup, the accused-petitioner deserves to be admitted on bail. This petition, therefore, is allowed and it is ordered that the accused-petitioner who has been arrested in connection with the above case registered against him vide FIR No. 98/13 in Police Station, Rohru shall be released on bail subject to his furnishing personal bond in the sum of Rs. 1,00,000/- (rupees one lakh) with one local surety in the like amount to the satisfaction of the learned Judicial Magistrate, Rohru or any other Judicial Magistrate in Shimla Sessions Division. The accused-petitioner shall further abide by the following conditions that he shall:--

(2.) It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. Petition stands disposed of accordingly.