Devi Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner is co-accused in FIR No. 118/2020, dated 28.7.2020, registered under Section 20 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act' in short), at Police Station, Padhar, District Mandi. He has preferred present petition seeking anticipatory bail in respect of this FIR.

Heard learned Counsel for the parties. According to the status report, on 28.7.2020 a police party while investigating a case at village Tikkar, was presented a complaint by the Patwari of Patwar Circle, Hasatpur revenue estate, Tikkar, District Mandi. The allegations in the complaint were regarding illegal cultivation of cannabis plants over certain parcels of private lands. This complaint led to registration of FIR in question. During investigation, it transpired that cannabis plants were illegally cultivated on various Khasra Nos. viz 478, 477, 467, 476, 465, 464, 468 and 469 at estate Tikkar. All these Khasra numbers, in the revenue record, were reflected in joint ownership of various persons including the petitioner. As per demarcation report, Khasra Nos. 476, 477, 467 and 469 were in exclusive possession of the petitioner over which respectively 466, 744, 788 and 657 cannabis plants were found standing alongside maize crop. Entire procedure in accordance with law was complied with during the investigation, seizure, disposal of the plants as well as in sending the samples to State Forensic Science Laboratory (SFSL), Junga. The SFSL report has confirmed the sample plants to be that of cannabis.

Interim protection was granted to the petitioner vide order dated 2.11.2020. According to the status report, pursuant to the interim protection, the petitioner has joined the investigation and is co-operating with the investigating agency. The status report does not mention any criminal history of the petitioner. Status report also states that cannabis plants were found standing alongwith maize crop grown over the land. The investigation of the case is as yet going on.

Petitioner is permanent resident of Village Tikkar, P.O. Sudhar, Tehsil Padhar, District Mandi, H.P. with no criminal history. He has joined the investigation and is co - operating the investigating agency. Status report does not indicate whether the cannabis plants allegedly found standing over the land in question were a natural/wild growth or were cultivated by the petitioner. As per the report, plants were found standing over the fields along side maize crop. The land in question stated to be in exclusive possession of the petitioner is co-owned by various individuals. No recovery is to be effected from the petitioner. In such circumstances, no significant object will be achieved by sending the petitioner to judicial custody at this stage. Considering these aspects, present petition is allowed with a rider that in case the petitioner is found to be involved in future in any FIR under the NDPS Act, then instant bail is liable to be cancelled at the instance of investigating agency. Accordingly, the interim protection granted vide order dated 2.11.2020 is made absolute subject to the following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner will not leave India without prior permission of the Court.

(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any

(vii) It is made clear that in case the petitioner arraigned as an accused in future, in any FIR under NDPS Act, then this bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard and that fact will also be considered as a negative factor in future bail application(s) of the petitioner.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy Dasti.