Tilak Raj v. State of H.P

The Hon(cid:146)ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. R.L.Chaudhary, Advocate. For the Respondent : Mr. A.K.Bansal, Addl. Advocate General. Kuldip Singh, Judge (oral). This is an application, under Section 439 of the Code of Criminal Procedure, for releasing the petitioner on bail in case FIR No. 501 of 2007, dated 1.12.2007, registered at Police Station Sadar, Mandi, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act). The status report has been filed

Heard and perused the record. The prosecution case is that on 1.12.2007 there was prior information with the police that three persons are travelling in esteem car bearing registration No. CH-01K-6476 carrying cocaine and this car is being escorted by maruti van bearing registration No. HP-01-2597. On this information, a nakka was laid near Pulgharat on National highway No.21. At about 8.20 a.m., a van bearing registration No. HP-01-2597 came Whether the reporters of the local papers may be allowed to see the Judgment? (cid:133)2(cid:133) from Sundernagar side, which was stopped on signal and checked. In the van, three persons were found sitting, who on inquiry disclosed their names Tilak Raj (petitioner), Het Ram and Bhim Singh. The mobile phones of the persons sitting in the van were taken into possession. The van and the persons sitting in the van were searched but nothing incriminating was found. In the meantime, at about 8.40 a.m. esteem car bearing registration No. CH-01K-6476 came from Sundernagar side, it was also stopped on signal and checked. In this car also three persons were found sitting, who on inquiry disclosed their names Gurdeep Singh, Ram Pal and Mohinder Pal driver. These persons were also searched and 570 grams cocaine was recovered from Ram Pal. The occupants of both the cars were arrested. On chemical analysis, the sample was found to contain cocaine 52.32% W/W. Ram Pal was booked, under Section 21 of the Act and other accused including the petitioner, under Section 29 of the Act. The mobile phones of the persons sitting in esteem car were also taken into possession. The case of the prosecution is that occupants of the two cars were moving in unison, therefore, occupants of both the cars have committed offence under the Act, as noticed above.

The bail application has been filed on behalf of the petitioner on the grounds that no recovery was made from the petitioner or from any person who was travelling in the van or from the van at the time of alleged nakka and search of the van. It has been submitted that occupants of the van were unnecessarily harassed by the police, and therefore, there was hot exchange (cid:133)3(cid:133) between the occupants of the van and the police. In these circumstances, the police has implicated the petitioner falsely in the case on the ground that there were calls to the occupants of the esteem car from the mobile phones recovered from the possession of the occupants of the van. It has been submitted that the police has wrongly, illegally connected the petitioner with the commission of the offence merely on the basis of alleged telephone calls. The fact remains that nothing incriminating was recovered from the petitioner or from the person of any occupant of the van or from the van. The implication of the petitioner merely on the basis of alleged mobile calls is very weak evidence. It has been further submitted that this court has already released Bhim Singh driver of the van in Cr.M.P.(M) No. 304 of 2008 on 9.4.2008, who was implicated in the case by the police. Therefore, the petitioner has prayed for grant of bail.

The application has been opposed by the learned Additional Advocate General on the ground that involvement of the petitioner has been established from the evidence collected during investigation. The van in which the petitioner was travelling was escorting esteem car in which Ram Pal was travelling along with other persons and cocaine was recovered from the person of Ram Pal. It has been submitted that the petitioner is involved in a serious case, therefore, bail may not be granted to him. I have gone through the record of the case. No recovery has been made from the petitioner or any person travelling in the van or from the van. The van was allegedly stopped at Nakka at about 8.20 a.m. and the esteem car at about 8.40 a.m. Merely on the basis of mobile calls of the persons (cid:133)4(cid:133) sitting in the van to the persons who were travelling in esteem car, prima facie, it cannot be said that the petitioner has committed offences punishable under Sections 21, 29 of the Act. The petitioner has made out a case for grant of bail. Accordingly, the application is allowed and the petitioner is ordered to be released on bail in case FIR No. 501 of 2007 dated 1.12.2007, registered at Police Station Sadar, Mandi, under Sections 21 and 29 of the Act, on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned Sessions Judge, Mandi subject to the condition that he will not tamper with the prosecution evidence in any manner.

Any observation made herein above shall not be construed as an expression of opinion on the merits of the case.

Dasti copy on usual terms. May 12, 2008. (Hem) ( Kuldip Singh ) Judge.