Devi Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner has filed instant petition under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail in FIR No.71/2020, dated 23.05.2020, registered under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') at Police Station Theog, District Shimla. Interim protection was granted to the petitioner vide order dated 23.04.2021.

The case of the prosecution against the petitioner as it comes out from the status report is that on 23.05.2020, upon receipt of a secret information about cultivation of opium plants by the petitioner in his own land, a raiding party was constituted after complying with the procedure prescribed under the NDPS Act. The said raiding party visited the fields of the petitioner during day time and found that many opium plants were lying uprooted alongside the petitioner's fields. The revenue officials were also summoned on the spot, who verified that the fields in question belonged to the petitioner. The number of opium plants lying alongside the fields was 850. The procedure contemplated in law was complied with. On the basis of the above facts, the FIR in question was registered.

Learned counsel for the petitioner raised the plea of innocence and false implication. Learned Assistant Advocate General submitted that in case this Court is inclined to grant bail to the petitioner, then the same be made subject to stringent conditions.

As per the status report, pursuant to the interim protection granted on 23.04.2021, the petitioner has joined the investigation and is co-operating with the same. The status report does not indicate any criminal history of the petitioner. The opium plants were allegedly found lying 3 uprooted alongside the fields of the petitioner. In the facts of the case, no significant purpose would be served by keeping the petitioner in custody in an FIR lodged about a year ago. Petitioner is a local resident belonging to Village Brail, Post Office and Tehsil Theog, District Shimla, HP and therefore, his presence can be ensured in the trial. Instant petition is allowed considering all these aspects. The interim protection granted to the petitioner vide order dated 23.04.2021 is made absolute subject to following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

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

(iv). The 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 the petitioner is put to trial, then he 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 is 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.

It is made clear that 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 also clarified 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 any of the observations made hereinabove.

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

Copy dasti.