Sangat Ram vs State Of H.P.

Jyotsna Rewal Dua, J

Apprehending his arrest in FIR No.74 of 2020, dated 06.05.2020, under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act), registered at Police Station, Karsog, District Mandi (H.P.), the petitioner has come up under Section 438 of Code of Criminal Procedure seeking anticipatory bail.

Interim protection was granted to the petitioner vide order dated 26.05.2020, subject to the conditions stipulated therein.

I have heard learned counsel for the parties through video conference and gone through the status report filed by the respondent-State through e-mail.

As per status report, the prosecution case against the petitioner is that on 06.05.2020 at 9.20 a.m., while police personnel were on duty in Village Rashog, they noticed opium/poppy plants cultivation carried out in a field of apple plants. Freshly removed opium/poppy plants lying on edge of the field were visible on close inspection of the field. Independent witnesses thereafter were associated. The village Revenue Officer was summoned on phone alongwith the revenue records on the spot. The field in question was located over Khasra No.167 measuring 0-6-1 bigha in the ownership of the petitioner and others. In all, there were 462 opium/poppy plants, out of which 104 plants were standing and 358 uprooted plants were lying on the side. Possession of ten plants was taken by the police for the purpose of chemical analysis. Remaining standing opium/poppy plants were removed by the policy party. Procedure prescribed under law was followed. Cultivation of opium plants eventually led to registration of instant FIR against the petitioner under Section 18 of the NDPS Act.

Learned Assistant Advocate General has fairly submitted that the petitioner has joined the investigation pursuant to interim order dated 26.05.2020 and that his custodial interrogation is not required.

Admittedly, the petitioner has joined the investigation pursuant to the order passed by this Court on 26.05.2020 and is cooperating with the Investigating Agency. No recovery is required to be effected from the petitioner. Custodial interrogation of the petitioner is not required. The ownership/conscious possession over the land in question is yet to be conclusively determined. The status report also mentions growing of vegetables and apples over the field in question. It has not been investigated as to whether the opium/poppy plants, allegedly found over the area in question, were natural/wild growth or were cultivated deliberately. No previous criminal history of the bail petitioner has been reflected in the status report. The petitioner, aged 50 years is stated to be local resident of Village Rashog, P.O. Tebban, Tehsil Karsog, District Mandi, having his landed property in the State of Himachal Pradesh, therefore, his presence can be secured in the trial.

In view of the above, instant petition is allowed. Interim order dated 26.05.2020, pertaining to FIR No.74 of 2020, dated 07.05.2020, under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station, Karsog, District Mandi (H.P.) ., granting interim protection to the bail petitioner, 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). 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 petitioner is arraigned as an accused, in future, in any FIR under NDPS Act, then his 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 taken as an expression on merits of the case and learned Trial Court shall decide the matter uninfluenced by any of observations made hereinabove.

The parties shall not insist upon for obtaining certified copy of this order and shall download the same from the website of the High Court.

However, the Registry is directed to send copy of this order to learned counsel for the parties through email subject to furnishing email addresses by them, if so required.