Kewal Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Interim protection was granted to the petitioner vide order dated 11.08.2020 in respect of FIR No.51/2020, dated 14.04.2020, registered at Police

Station Padhar, District Mandi, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’).

Heard learned counsel for the parties and perused the status report filed by the respondent-State.

The case against the petitioner is that:-

3(i). A police party while on routine patrolling duty at Surahan, received information about cultivation of poppy plants in Villages Surahan and Nehni,

whereafter in the raiding party, the Patwari of the concerned area was also associated.

3(ii). Poppy plants were found to be cultivated in a field in Village Surahan. The Patwari informed that the field in question was located in the revenue

State Surahan and comprised in Khasra No.617 measuring 4-16-17 Bigha. The poppy plants were standing on around two biswas of land in this

khasra number.

3(iii). The demarcation of the area in question was carried out. The demarcation report dated 14.04.2020 confirmed the ownership of the area in

question in favour of successors-in-interest of Sh. Mohan Singh, i.e. his three sons, namely Hari Singh, Kewal Singh (bail petitioner) and Mangat Ram

and four daughters, namely Savitri Devi, Rita Devi, Savita Devi, Kavita Devi as well as his widow Smt. Chuhdi Devi. It was further stated that the

area in question was in exclusive possession of the petitioner Kewal Singh, who was cultivating the land for the last about three years.

Learned counsel for the petitioner raised the plea of false implication and pleaded innocence. He further submitted that the petitioner has since

joined the investigation and shall continue to co-operate with the investigating agency. It is further pleaded that the petitioner will abide by all the terms

& conditions imposed upon him by this Court in case of grant of bail. Learned Additional Advocate General did not dispute the fact that the petitioner

has joined the investigation and is co-operating with the investigating agency. He fairly submitted that though the custodial interrogation of the

petitioner is not required, however, the petitioner should be directed to join the investigation as and when directed by the investigating agency and to

continue to co-operate with the same.

In view of the above stand, the instant petition is allowed and the interim protection granted to the petitioner vide order dated 11.08.2020 is made

absolute subject to the terms & conditions mentioned therein. However, 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 clarified that the 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.

Authenticated copy of the order be supplied by the Secretary to learned counsel for the parties.

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