Dhangu Ram vs State Of Himachal Pradesh

Virender Singh, J

Applicant-Dhangu Ram has filed the present application, under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), with a prayer to direct the Police/Investigating Officer of Police Station Nerwa, District Shimla, H.P., to release him on bail, in the event of his arrest, in FIR No. 23 of 2023, dated 18th April, 2023, registered under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS Act’).

According to the applicant, he is apprehending his arrest in the above-noted FIR, whereas, he is an innocent person and has falsely been implicated, in this case.

According to him, he is having deep roots in the society and is ready to abide by any condition(s), to be imposed by this Court, in case, any direction is issued to the police/Investigating Officer, in the above-noted case, under the provisions of Section 438 CrPC.

On the basis of the above facts, a prayer has been made by the learned counsel appearing for the applicant, to allow the application.

When put to notice, the police filed the status report, on 26th June, 2023, disclosing therein, that on 18th April, 2023, ASI Ved Prakash has submitted a Rukka, through Constable Sameer Kant, to Police Station Nerwa, disclosing therein that on that day, i.e. 18th April, 2023, he, alongwith other police official, was on patrolling duty, in vehicle No. HP-71-6705. At about 8.10 a.m., when, he was present near Village Gijarta, then, he received an information from the reliable sources that Dhangu Ram (applicant) has sown crop of opium in his orchard.

5.1. Upon this information, when, at about 8.25 a.m., the IO, alongwith the other police official, reached at the spot, then, he noticed that in the orchard of pear, in one field, garlic has been grown. Between the said garlic crop, he noticed some plants having white-green flowers. On the basis of experience, those plants were found to be opium plants. After noticing the above, the IO had called the person, standing outside the house, situated near the spot, who, on inquiry, disclosed his name as Dhangu Ram (applicant).

5.2. As per the rukka, the applicant himself admitted that he has sown those plants, upon which, one Amar Singh and Sh. Satish Kumar were directed to come to the spot, whereas, Patwari Halqua was also directed to come to the spot, alongwith the revenue record. At about 9.30 a.m., Amar Singh and Satish Kumar reached at the spot. At about 9.50 a.m., Patwari also reached at the spot.

5.3. Thereafter, the report regarding the description of the land, where opium plants were found to be sown, was prepared. As per the record, the area measuring 00-00-48 hectares, bearing khasra No. 708/1, as per the revenue record, was owned by the State of Himachal Pradesh. As per the tatima prepared, near the place, where opium plants were grown, house of the applicant is stated to be constructed. In the presence of the witnesses, total 138 opium plants were found to be grown, which were uprooted and out of the total uprooted plants, five plants were separately sealed.

5.4. The other codal formalities were also completed.

On the basis of the rukka, the police registered the FIR.

After perusing the status report, on 26th June, 2023, the interim protection was given to the applicant and the matter was adjourned for today.

Today, the police has filed the supplementary status report, disclosing therein, that in pursuance of the directions issued by this Court, the applicant had joined the investigation.

It is their further case that during the investigation, the applicant has confessed that he is ploughing the said area, for the last fifteen years. It has also been mentioned that on inquiry, the applicant has disclosed that his late father had kept some seeds in an envelope and under the pretext that those seeds were the seeds of some vegetable, he had sown the same. According to the status report, on 18th April, 2023, he came to know about the fact that the plants sown by him, were of opium.

Lastly, it has been mentioned in the status report that no other case has been registered against the applicant.

Heard.

The role allegedly played by the applicant will be determined during the course of the trial and no useful purpose would be served by rejecting his application for bail, resulting into his police/judicial custody.

The accused is presumed to be innocent till his guilt is proved during the trial. When, the applicant has associated in the investigation of the case, then, in the absence of any ground, justifying the fact that his custodial interrogation is required by the police, this Court is of the view that the applicant is able to make out a case for directing the police to release him on bail, in the event of his arrest in the said case.

Considering all these facts, this Court is of the view that the relief, which has been granted to the applicant, vide order, dated 26th June, 2023, is liable to be confirmed. Consequently, interim order, dated 26th June, 2023, is made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in FIR No. 23 of 2023, dated 18th April, 2023, registered under Section 18 of the NDPS Act, with Police Station Nerwa, District Shimla, H.P., on his furnishing personal bond, to the tune of ₹ 50,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer. The bail is granted, subject to the following conditions:

a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

b) That the applicant will not leave India, without prior permission of the Court;

c) That the applicant will not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and

d) That the applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application;

Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.

The applicant is directed to move regular bail application, when charge sheet will be filed in the Competent Court of Law.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.