RAJAT THAPA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This order will dispose of the above two petitions arising out of FIR No. 6/14 dated 27.1.2014 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act in Police Station East Shimla against both the accused-petitioners. They were arrested in the case on 27.11.2014, the day of registration of the case itself and have been interrogated in custody. Presently they are in judicial lock-up being remanded in judicial custody. Allegations against them in a nut-shell are that on 27.1.2014, while traveling in Maruti Car bearing Registration Number HP-14C-3500, they were intercepted by the police party around 3.40 p.m. near Raj Bhawan, Bye Pass Road and on suspicion the search of the car was conducted and 120 phials of "Rexcof" a cough syrup allegedly containing narcotic drug codeine were recovered from them. On inquiry they failed to produce any licence or bill vouchers to justify the possession thereof with them. Therefore, the investigation was conducted on the spot and they were arrested. Although, the report from Forensic Science Laboratory is still awaited yet. It is submitted that the quantity of 'codeine' a Narcotic Drug in 102 recovered phials of "Rexcof" as per label on each phial comes to 20.4 grams approximately. 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 Narcotic drug codeine small quantity is 10 grams, whereas commercial quantity is 1 kg and above. The quantity recovered from the accused-petitioners therefore being 20.4 grams is little more than small quantity and lesser than commercial quantity. The rigor of Section 37 of the Act therefore is not applicable in this case. The offence the accused petitioners allegedly committed is no doubt against an individual but against the society as a whole; however they are yet to be tried and if found to have committed the alleged offence will be convicted and sentenced in accordance with law. Being local residents they can reasonably be believed to have roots in the society and as such there is no possibility of their fleeing away from justice or jumping over the bail which as a matter of fact is paramount consideration while considering an application of this nature. Their movement can otherwise be restricted by imposing upon them suitable conditions while admitting on bail.

(2.) Therefore, both the petitions are allowed and it is ordered that accused persons who have been arrested in connection with the case registered against them vide FIR No. 6 of 2014 under Section 21 of the Act in Police Station East Shimla, shall be released on bail on their furnishing personal bonds in the sum of Rs. 1,00,000/- each (One lac each) with one surety each in the like amount to the satisfaction of learned Chief Judicial Magistrate/Judicial Magistrate, Shimla and further abide by the following conditions:--

(3.) It is clarified that if the petitioners misuse their liberty or violates any of the conditions imposed upon them; 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 these petitions alone. The petitions stand accordingly disposed of.