Dhani Ram vs State of H.P.

Dharam Chand Chaudhary, J.—Petitioner, who is an accused, apprehends his arrest in connection with FIR No. 144/14 registered against him u/s 18 of the Narcotic Drugs and Psychotropic Substances Act in Police Station Balh, District Mandi.

The record, available at this stage, reveals that on the basis of a secret information about cultivation of opium poppy, Shri Chiranji Lal, Assistant Sub-Inspector/Incharge, Police Post, Rewalsar, under Police Station Balh, went to village Lehra, District Mandi and found growth of opium poppy in the fields of the accused-petitioner with the crop of onion sown there. The plants were counted in the presence of witnesses. The total plants were 59, out of it 6 were dry having cut on its seeds whereas 53 were green and in the seeds of few of such green plants also there were cut marks. The recovered plants were taken into possession and sealed in the plastic bags. The demarcation of the land also stands conducted. The accused-petitioner when interrogated has owned the land and onion crop growing therein, however, disowned the opium poppy as according to him he has never cultivated opium in the fields.

The investigation in the case is almost complete. No investigation seems to be conducted to find out that the contraband allegedly recovered from the accused-petitioner constitutes commercial quantity or smaller quantity within the meaning of the provisions contained in the ND & PS Act. If the definition of opium poppy, in terms of Section 2(xvii) of the Act is seen, the same means a plant of the species papaver from which opium or any alkaloid can be extracted. In terms of Section 2(xviii) of the Act, after harvesting of opium poppy in original form or getting the same crushed or powdered and whether or not juice has been extracted there from, is called poppy straw, which includes all parts of the plant except seeds. In the notification S.O. 527 (E) dated 16th July, 1996, issued by the Ministry of Finance, Department of Revenue, opium poppy does not find mention anywhere for the purpose of determining smaller or commercial quantity. It is, however, poppy straw, which finds mention against item No. 110 of this notification and as per the same, poppy straw in the quantity of 1000 grams is smaller quantity whereas 50 kg and above commercial.

As already noticed, at this stage, there is no evidence that the quantity of opium poppy, allegedly cultivated by the accused-petitioner and recovered by the police from the fields belonging to him, is commercial. Investigation except for receipt of report from the chemical examiner is almost complete. Therefore, I find the present a fit case where the accused-petitioner deserves to be released on bail because he is a local resident of District Mandi and being retired Range Forest Officer, is a Government Pensioner. He, therefore, has roots in the society and there is no likelihood of his fleeing away from justice or not available at the time of trial. The application, therefore, is allowed and it is ordered that in the event of the arrest of the accused-petitioner, in connection with FIR No. 144/14, Police Station, Balh, District Mandi, he shall be released on bail, subject to his furnishing personal bond in the sum of Rs. 50,000/- (fifty thousand) with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Mandi/any other Judicial Magistrate 1st Class at Mandi. The accused-petitioner shall further abide by the following conditions:-

That he;

a. 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;

b. shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c. shall not 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 Court or the Investigating Officer;

d. shall not leave the territory of India without the prior permission of the Court.

It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him; the Investigating Agency shall be free to move this Court for cancellation of the bail.

The observations hereinabove shall remain confined to the disposal of this petition and have no bearing on the merits of the case. The application stands disposed of.

Copy dasti.