LI Network
Published on: December 12, 2023 at 16:12 IST
Emphasizing the exceptional nature of pre-arrest bail and its judicious application, the Himachal Pradesh High Court has recently reaffirmed that individuals declared proclaimed offenders are not entitled to the liberty of pre-arrest bail.
Justice Rajesk Kainthala reiterated this principle in a case involving the petitioner Dildar Khan, also known as Sonu Khan, accused of possessing a commercial quantity of heroin (333.63 grams) found in a backpack on an HRTC bus. Khan absconded during the police investigation, leading to the Court declaring him a proclaimed offender.
In the plea, petitioner Dildar Khan, represented by counsel Ashok Kumar Thakur, claimed false implication and argued that he left the spot without objection.
In response, Mr. Prashant Sen, Deputy Advocate General, highlighted Khan’s proclaimed offender status and presented CCTV evidence linking him to the backpack and heroin. The State contended that granting pre-arrest bail to the petitioner, who had been on the run for over a year, posed a flight risk.
Justice Kainthla, after a careful examination of arguments, referred to the 2019 case P. Chidambaram vs. Directorate of Enforcement and stressed that pre-arrest bail is an extraordinary remedy granted sparingly and only in exceptional circumstances.
Drawing from the precedent set in the 2023 case State of Haryana v. Dharamraj, Justice Kainthla affirmed that a person declared a proclaimed offender forfeits the right to pre-arrest bail.
Observing ample evidence against the petitioner, the court noted CCTV footage clearly showing Khan boarding the bus with the backpack containing the heroin.
“No explanation has been provided regarding the petitioner having the backpack at the time of the boarding of the bus. Just because the backpack was not kept by the petitioner with him does not mean that he was not in possession of the same,” the court recorded.
Combined with the recovered heroin exceeding the commercial quantity threshold stipulated in Section 37 of the NDPS Act, the court deemed these grounds sufficient to deny bail, ultimately dismissing the plea.
Case Title: Dildar Khan @ Sonu Khan Vs State of H.P
