YOSIMEIR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an application under Section 439, Cr. P. C. moved by the accused-petitioners (hereinafter referred to as "the accused") for grant of bail in case FIR No. 113/99 under S. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") registered against them at Police Station, Manali. Their case, in brief, is that they had come to Kullu Manali after hiring the services of one Nikolie Singh, Driver, resident of Goa and his vehicle at Gangotri. On reaching Manali, accused along with said Nikolie Singh stayed in a Guest House. On 27-5-1999, accused-petitioner No. 1 found that his cash worth Rs. 50,000/- (Indian currency) was missing and at the same time said Nikolie Singh was also found missing along with his vehicle. The accused went to the police station and lodged an FIR under Section 380, I. P. C. against said Nikolie Singh who was subsequently arrested by the police near Bajora Check Post and is presently in judicial custody. It is further the case of the accused that the incriminating articles (charas) allegedly recovered from the room wherein the accused were residing, belonged to said Nikolie Singh who had planted this charas only to create a false case against the applicants. The accused, thus, claim to be innocent and request for their release on bail subject to the conditions which may be imposed by the Court to ensure their presence at the trial. A similar application moved by the accused before the learned Sessions Judge, Kullu stood dismissed vide order dated June 17, 1999. Hence the present application.

(2.) To appreciate the matter, it is expedient to briefly set out as to what the case of the prosecution against the accused persons is. The prosecution claims that on 28-5-1999 at 6.15 p.m., when S. I. Rajiv Attri of Police Station, Manali along with a few other constables was present at Manali on patrol duty, a secret information was received that four, Israelies staying in Tara Guest House, Manali, were dealing in sale and purchase of charas and they had also kept charas in their possession. An information in this regard was sent by the said S. I. to the Deputy Superintendent of Police, Manali and also sent a ruqua to the Police Station based on the said information for registration of a case. Then the said Sub-Inspector constituted a raiding party in which he joined Serv Dayal and Amar Chand and conducted the search of room No. 1 of Tara Guest House occupied by the accused. On search, allegedly carried out in accordance with law, 200 grams of charas was recovered from within a wooden almirah in the room occupied by the accused which was taken in possession and was further dealt with according to the relevant procedure. The case of the prosecution, thus, is that the accused were dealing in sale and purchase of charas and on search of the premises occupied by them, 200 grams of charas was found therein.

(3.) It may be pointed out at the very outset that under S. 439, Cr. P. C. this Court has very wide powers to order release of the accused on bail. However, so far as an offence punishable under the Act is concerned, the Statute has placed certain limitations on the powers of the Court to grant bail to the accused. The relevant provisions are contained in S. 37 of the Act, which read as follows :