Ses Ram vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

For alleged cultivation of opium plants, petitioner has been arraigned as an accused in FIR No. 132/2019, dated 26.5.2019, registered under Section 18 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act' in short), at Police Station, Kullu.

The prosecution case against the petitioner is that on 26.5.2019 at around 10:55 a.m. a police party, patrolling areas near Bhujama, Post Office, Dhara, Tehsil Bhuntar, District Kullu noticed lot of opium plants standing on a parcel of land allegedly cultivated by the petitioner. In all 250 opium plants were uprooted by them after complying with the procedure laid down under the NDPS Act and criminal procedure code. This led to registration of the FIR on 26.5.2019.

In accordance with the order passed by the Sub Divisional Police Officer, Kullu, 230 opium plants were destroyed. The State Forensic Science Laboratory, Junga in its report has confirmed the uprooted plants as opium poppy plants. As per status report, it has come during investigation that the land over which the said plants were growing is not owned by the petitioner but is classified as 'banjar bila pemuda forest land'. This land statedly adjoins the land owned by the petitioner. Status report records the fact that the petitioner has constructed a house and also raised an apple orchard over his owned land.

Status report also reflects that pursuant to the interim protection granted to the petitioner vide order dated 22.9.2020, he has joined the investigation on 24.9.2020. Petitioner has disclosed that he is a shepherd and normally remains out of his home. He has denied cultivating opium plants either on his owned land or on the adjoining forest land. The status report does not indicate any criminal antecedents of the petitioner.

Considering the nature of the allegations levelled against the petitioner and the evidence collected during the investigation, no fruitful purpose will be achieved by sending the petitioner to judicial custody at this stage. No criminal antecedents of the petitioner have been reflected in the status report. Petitioner is permanent resident of Village and Post Office, Dhara, Tehsil Bhunter, District Kullu, hence his presence can be ensured in the trial. Accordingly, the interim protection granted vide order dated 22.9.2020 is made absolute 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 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 and that fact will also be considered as a negative factor in future bail application(s) of the petitioner.

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.