PREM RAJ Vs. STATE OF H P

JUDGEMENT

(1.) Petitioner has preferred this petition under Sec. 439 of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for grant of regular bail in case FIR No. 42 of 2018 dated 3.8.2018 registered at P.S. Nankhari, District Shimla, under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) For enlarging the petitioner on bail, it has been canvassed that petitioner has been implicated falsely in the present case and further that even if the case of prosecution is believed in toto, alleged recovery of 107 grams of charas is not only lesser than commercial quantity but nearer to small quantity as provided under the Act and therefore, rigors of Sec. 37 of NDPS Act are not attracted in the present case and therefore, in view of right to personal liberty of petitioner, he deserves to be released on bail.

(3.) It is true that bail is general rule and putting a person in jail or in prison during the trial is an exception and presumption of innocence is fundamental postulate of criminal jurisprudence. But these principles are not applicable as such, in cases where there is reverse onus and/or statutory presumption with regard to commission of offence and therefore, such cases are to be dealt with differently keeping in view the statutory presumption and reverse onus provided under the statute. Being a basic natural right, liberty is a priceless treasure for a human being. Depriving of liberty to a person has enormous impact on his mind as well as body. But at the same time, accent on individual liberty cannot be pyramided to that extent which would bring chaos and anarchy to a society and society expects responsibility and accountability from its members and it desires that the citizens should obey the law, respecting it as a cherished social norm and attempt of an individual to create a concavity in the stems of social stream is impermissible and in such a case, the Court has a duty towards the society.