Khim Singh vs State Of H.P

Jyotsna Rewal Dua, J

For cultivating cannabis plants, the petitioner has been made an accused in FIR No.156/2020, dated 19.08.2020, registered at Police Station Aut,

District Mandi, under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’). Interim

protection was granted to the petitioner vide order dated 11.06.2021.

As per the status report, the petitioner has joined the investigation and is co-operating with the Investigating Agency. Further, the status report

records that investigation in the matter is complete and only the challan remains to be presented. Neither any inquiry remains to be conducted from the

petitioner nor any recovery is to be effected from him. This fact has also been confirmed by the learned Deputy Advocate General. In such

circumstances, custodial interrogation of the petitioner is not warranted. Accordingly, the instant petition is allowed.

The interim protection granted to the petitioner vide order dated 11.06.2021 is made absolute subject to following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

(iii) . The petitioner will not leave India without prior permission of the Court.

(iv). The 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 the petitioner is put to trial, then he 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 under NDPS Act, then this bail is liable to be

cancelled. It is open for the Investigating Agency to move appropriate application in that regard.

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 also clarified 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 any of the

observations made hereinabove.

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

Copy dasti.