Himachal Pradesh High Court: Chander Bhusan Barowalia, J. granted bail to a 22 year old student for an offence committed under Section 21 of the Narcotic Drugs and Psychotropic Substances Act. As per the averments made by him, the petitioner claimed to be innocent and that he was falsely implicated for the case.
As per the prosecution, the petitioner was nabbed by the police on 25-08-2019. Upon being checked, there was a brownish substance found in his bag, which was heroin. After the FIR was registered, the petitioner was arrested and during the course of interrogation and investigation, it was revealed that he was a drug addict. The police had sent the sample of contraband for forensic analysis and the report revealed that the sample was of Diacetylmorphine (Heroin). Therefore, the prosecution prayed that the bail application of the petitioner should be dismissed, as the petitioner was found involved in a serious crime. The petitioner further argued that he was not in a position to tamper with the prosecution’s evidence nor was in a position to flee from justice. He also argued that no fruitful purpose will be served by keeping him behind the bars for an unlimited period especially when the investigation is complete.
The Court, after considering that the petitioner was only 22 years old, and was only a student, and also considering the fact that the petitioner was a drug addict and he had the contraband for his own use, there was a possibility that the petitioner may reform in case he would be enlarged on bail. Further, he was a permanent resident of District Kullu, Himachal Pradesh, and was not in a position to tamper with the prosecution evidence nor was in a position to flee from justice. The Court found that the case was a fit case where the judicial discretion to admit the petitioner on bail must be required to be exercised in his favour. The petition was allowed and he was released on bail subject to his furnishing personal bond in the sum of twenty thousand rupees with one surety in the like amount to the satisfaction of the learned Trial Court. [Vikas Sagar v. State of Himachal Pradesh, 2019 SCC OnLine HP 1524, decided on 16-09-2019]
