Jai Singh vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court seeking bail in case FIR No. 53 of 2021, dated 12.5.2021, registered in Police Station Padhar, District Mandi, H.P., under Section 18 of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

Status report stands filed. Record was also made available.

It is stated in the status report that petitioner has joined the investigation and nothing is to be recovered from him. According to status report Police party during patrolling on 12.5.2021, noticed illegal cultivation of opium whereupon Pradhan Gram Panchyat, Patwari Halka concerned were informed and summoned on the spot. Patwari Soma Devi expressed her inability to reach on the spot, as she was having six months old baby and had joined duties two days before after availing maternity leave, but she informed about it to Beat Kanungo, who came on the spot accompanied by his assistant alongwith record. Because of bad weather and inability to read the revenue record, Kanungo could not identify Khasra numbers of the land in reference in which about seven lakh opium plants were found cultivated. All plants were uprooted and after keeping 10 plants as sample, rest of plants were destroyed on the spot. Later on, on the basis of jamabandi, it came in the notice of Police that opium plants were cultivated on the land comprised in Khasra Nos. 2923 to 2953 by all owners of the said land, who were not found in their houses or other places, as they had fled from the spot to avoid their arrest.

During investigation, Tek Chand co-accused of petitioner was also interrogated and arrested, who has been enlarged on bail on 23.5.2022 by Special Court, Sarkaghat.

As per status report Veena Ram, Roshan Lal and Sher Singh were associated in the investigation on 4.3.2023, who are owners of Khasra Nos. 2923, 2931, 2940 and 2954 and during investigation they disclosed that the said land was given for cultivation to Shiv Ram father of petitioner and because of ailment of Shiv Ram since last 3-4 years, this land was being cultivated by Jai Singh, S/o Shiv Ram.

Daulat Ram co-accused has already been enlarged on bail by this Court on 30.8.2022. Co-accused Devi Saran and Tek Singh, S/o Sonu Ram also stated to have been enlarged on bail.

According to the status report, investigation in the case is almost complete and challan is likely to be presented in the Court very soon. Neither there is prayer for custodial interrogation of the petitioner nor case is made out for the same.

Considering the entire facts and circumstances of the case, petitioner is ordered to be enlarged on bail in present case subject to furnishing personal bond in the sum of 1,00,000/- with one surety in the like amount to the satisfaction of Trial Court within a period of two weeks from today and also subject to following conditions:-

(i) That the petitioner shall make himself available to the Police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioner shall 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial;

(viii) he shall not lave India without permission of the Court.

(ix) In case petitioner is again found to have involved in commission of similar offence or any other offence related to NDPS Act, in such eventuality, his bail in present case shall be liable to be cancelled, on taking appropriate steps by the prosecution.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner, enlarged on bail, as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any conditions imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

The petitioner is permitted to produce copy of order downloaded from the High Court website and trial Court shall not insist for certified copy of the order, however, passing of order may be verified from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.