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"He Has Become Drug Addict & Needs To Be Rehabilitated To Bring Him To Mainstream": HP High Court Grants Bail To Man

Sparsh Upadhyay
7 Jan 2021 3:59 PM GMT
He Has Become Drug Addict & Needs To Be Rehabilitated To Bring Him To Mainstream: HP High Court Grants Bail To Man
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While noting that the bail petitioner before the Court has become a drug addict and as such, he is required to be taken to some rehabilitation centre, so that efforts are made for bringing the bail petitioner to the main stream, the Himachal Pradesh High Court on Wednesday (06th January) granted Bail to a man accused under NDPS Act. The Bench of Justice Sandeep Sharma was hearing...

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While noting that the bail petitioner before the Court has become a drug addict and as such, he is required to be taken to some rehabilitation centre, so that efforts are made for bringing the bail petitioner to the main stream, the Himachal Pradesh High Court on Wednesday (06th January) granted Bail to a man accused under NDPS Act.

The Bench of Justice Sandeep Sharma was hearing the regular bail plea of one Gaurav Kumar (who was behind the bars since 10th October 2020) under Sections 21, 29-61-85 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

Facts of the case

As per the Prosecution's case, police allegedly apprehended one motorcycle on 10th October 2020 and carried out their personal search as well as search of the motorcycle and allegedly recovered 9.41grams heroin/chitta from the dickey of the motorcycle.

While Gaurav's co-accused Moksh, has been already enlarged on bail granted by Special Jude-II, Kangra at Dharamshala, H.P., but Gaurav's bail application was rejected on the ground that in past also, there was one case registered against him under the Act.

The State argued before the Court that he was convicted for 10 months (for offence under NDPS Act) and it may not be in the interest of justice to enlarge him on bail because in the event of his being enlarged on bail, he may not only flee from justice, rather again indulge in such.

Court's observation

The Court observed that the motorcycle involved in the incident was not in the name of the bail petitioner (Gaurav) and so "it would be too premature to conclude complicity, if any, of bail petitioner in the crime allegedly committed by him".

The Court also noted that 9.41 grams of heroin/chitta never came to be recovered from his conscious possession, "rather from the dickey of the motorcycle, which belongs to some other person."

The Court also noted that while it was true that in the year 2014, bail petitioner was convicted and sentenced for 10 months for possessing contraband, but appeal against the aforesaid judgment of conviction and sentence is pending before the Punjab and Haryana High Court.

Importantly, the Court said,

"No doubt, bail petitioner has committed the crime having adverse impact on the society, but this Court cannot lose the site of the fact that the bail petitioner has become a drug addict and as such is required to be taken to some rehabilitation centre, so that efforts are made for bringing the bail petitioner to the main stream."

Otherwise also, the Court said, contraband allegedly recovered from the motorcycle being driven by the petitioner is of intermediate quantity and as such, rigours of section 37 are not attracted in the present case.

The Court also remarked,

"No doubt, registration of case under the NDPS Act, if any, in past is relevant factor for the Court to consider prayer for bail, but mere pendency of such cases or conviction therein, if any, cannot be a sole ground to reject the bail."

Court's order

In view of above, the petition was allowed and the petitioner was ordered to be enlarged on bail, subject to his furnishing personal bonds in the sum of Rs.1.00 lakh with one local surety in the like amount each to the satisfaction of the learned trial Court.

Case title - Gaurav Kumar v. State of Himachal Pradesh [Cr.MP (M) No. 2177 of 2020]

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