Dalip Vs. State of Himachal Pradesh

Dalip vs State of Himachal Pradesh

Type Court Judgment Court Himachal Pradesh Decided Apr 19, 2011

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Citation: sooperkanoon.com/918385
Court: Himachal Pradesh High Court
Judge: Dev Darshan Sud, J.
Decided On: Apr 19, 2011
Case Number: Cr.MP(M) No. 214 & 215 of 2011
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal
Acts & sections: The Narcotics Drugs and Psychotropic Substances Act - Sections 20, 29

Parties & Advocates

Appellant / Petitioner

Dalip

Advocate Mr. R.S. Chandel, Adv.

Respondent

State of Himachal Pradesh

Advocate Mr. P.K. Sharma; Ms. Shubh Mahajan, Advs.

Legal References

Acts: The Narcotics Drugs and Psychotropic Substances Act - Sections 20, 29

Excerpt

.....tamper with the prosecution evidence. 4. on the second submission made that the petitioners would cause danger to the society in case they are enlarged on bail, i do not find any material on record to justify that they are habitual offenders in committing crimes/anti-social activities. 5. considering that one of the petitioners is student, both the petitioners are admitted on bail subject to each of the petitioners furnishing a personal bond in the sum of rs.1 lacs with one surety each in the like amount to the satisfaction of the learned sessions judge, shimla. it is further directed that: (a) the petitioners shall not tamper with the prosecution evidence, overawe, threaten or attempt to overawe or threaten witnesses nor will obstruct the smooth progress of the investigation/trial;(b) each of the petitioner shall report at police station theog every tuesday and saturday at a time to be fixed by the investigating officer;(c) the petitioner shall attend the trial on each and every date of hearing of the case, unless so exempted by the court in accordance with law;(d) the petitioners shall not abscond from the jurisdiction of the learned sessions judge, shimla;(e) in case of breach of any condition, the bail bonds shall stand forfeitted and the matter be referred to this court immediately;(f) it will be open to the state to apply for imposition of any other or further condition as may be necessary in the facts and circumstances of the case. 6. petitions stand disposed of. this order shall not constitute a precedent in any other case and consider only the peculiar circumstances of this case. it shall not be construed as a precedent for grant of bail to the other accused. 7. dasti copy on usual terms.

Full Judgment

1. The petitioners approached this Court for grant of bail. They have been charged for offences under Sections 20 and 29 of the Narcotics Drugs and Psychotropic Substances Act in FIR No.29/11, dated 18.2.2011 registered at Police Station Theog. The allegation is that 1 Kg. 700 Grams Charas was found in a bag which they were carrying. Prior to the institution of the present petition, another application for release on bail was moved before the learned Sessions Judge, which was withdrawn. The petitioner in Cr.MP(M) No. 214 of 2011 is a student studying at an institute in Solan.

2. The petition is resisted by the State on the ground that the petitioners were found to be carrying a large quantity of contraband and that their enlargement on bail would constitute a danger to the society. It is also urged that there is all possibility that the petitioners will interfere/tamper with the prosecution evidence.

I have heard learned counsel appearing for the petitioners as also the learned Additional Advocate General.

3. On the submission that the petitioners have the tendency to tamper with the prosecution evidence, I do not find any record to justify this submission made on behalf of the State. In any event, the conditions to be imposed hereinafter will ensure that the petitioners would not in any manner tamper with the prosecution evidence.

4. On the second submission made that the petitioners would cause danger to the society in case they are enlarged on bail, I do not find any material on record to justify that they are habitual offenders in committing crimes/anti-social activities.

5. Considering that one of the petitioners is student, both the petitioners are admitted on bail subject to each of the petitioners furnishing a personal bond in the sum of Rs.1 lacs with one surety each in the like amount to the satisfaction of the learned Sessions Judge, Shimla. It is further directed that:

(a) the petitioners shall not tamper with the prosecution evidence, overawe, threaten or attempt to overawe or threaten witnesses nor will obstruct the smooth progress of the investigation/trial;

(b) each of the petitioner shall report at Police Station Theog every Tuesday and Saturday at a time to be fixed by the Investigating Officer;

(c) the petitioner shall attend the trial on each and every date of hearing of the case, unless so exempted by the Court in accordance with law;

(d) the petitioners shall not abscond from the jurisdiction of the learned Sessions Judge, Shimla;

(e) in case of breach of any condition, the bail bonds shall stand forfeitted and the matter be referred to this Court immediately;

(f) It will be open to the State to apply for imposition of any other or further condition as may be necessary in the facts and circumstances of the case.

6. Petitions stand disposed of. This order shall not constitute a precedent in any other case and consider only the peculiar circumstances of this case. It shall not be construed as a precedent for grant of bail to the other accused.

7. Dasti copy on usual terms.

Same Court & Year Himachal Pradesh · 2011 Same Parties Dalip vs State of Himachal Pradesh Same Subject Criminal Same Judge Dev Darshan Sud, J. Acts & Sections The Narcotics Drugs and Psychotropic Substances Act - Section...