Jagdish Chand vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Through this petition, prayer has been made for enlargement on anticipatory bail in FIR No. 63/2020, dated 18.4.2020, registered at Police Station, Padhar, District Mandi, H.P. under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act').

As per the status report, the FIR in question has been registered on the basis of a complaint of Patwari of the concerned area regarding cultivation of opium poppy plants over land measuring 0-00-15 bighas, comprised in Khasra No. 794 in Patwar circle, Kathog, estate Kasla, Tehsil Padhar, District Mandi. During investigation, 877 opium plants were found standing over the land in question. After taking ten specimen plants, the remaining plants were destroyed pursuant to the direction of Sub Divisional Police Officer. Procedure contemplated in law was followed. The State Forensic Science Laboratory, Junga in its report confirmed the specimen as sample of opium poppy plants. The revenue record reflects Khasra No. 794 in joint ownership and possession of various villagers. However, on spot it is the petitioner who had been cultivating the land for years together and it is the petitioner who had cultivated the opium plants over the field in question.

Status report also records that petitioner pursuant to the interim protection granted to him vide order dated 6.10.2020 has joined and is cooperating with the investigation.

Learned Counsel for the petitioner raised the plea of innocence and false implication and submitted that the petitioner did not cultivate or grew opium poppy plants over the land in question.

Learned Additional Advocate General has stated that in case the Court is inclined to confirm the interim protection in favour of the petitioner, same may be made subject to the stringent conditions.

As per status report, in the revenue record Khasra No. 794 is reflected in the joint ownership and possession of various villagers. Taking into consideration the stand of the petitioner as well as the fact that he has joined the investigation and is cooperating with the investigating agency, keeping the petitioner in custody will not achieve any significant object. Status report does not indicate any criminal antecedents of the petitioner. Petitioner is permanent resident of Village Kasla, P.O. Kathog, Tehsil Padhar, District Mandi, thus his presence can be ensured in the trial. Accordingly, the interim protection granted vide order dated 6.10.2020 is confirmed 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 temper 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 is arraigned as an accused in future, in any FIR, more particularly under the NDPS Act, then this bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard.

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.