Sher Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner is accused of cultivating cannabis plants in FIR No. 151/2020, dated 12.8.2020, registered under Sections 8 and 20 of the Narcotic Drugs

& Psychotropic Substances Act, (in short ‘NDPS Act’), at Police Station, Aut, District Mandi. Interim protection was granted to the petitioner

on 31.5.2021.

As per status report, a police party was on inspection duty on 12.8.2020 in the area within its jurisdiction. At around 5:00 P.M. it reached near

village Dhingali. The inspection party included Patwari of concerned patwar circle and ward Panch of concerned panchayat as its members. In a field

situated below the road, the inspection party noticed cannabis plants growing alongwith maize crop. The area was identified as Khasra No. 1146/1048.

Total area of this khasra number was 1-7-15 bighas. The witnesses and local people informed that the area in question was cultivated by the

petitioner. Total 3000 cannabis plants were found in the area cultivated alongwith maize crop. This fact was intimated to the Deputy Superintendent of

Police (Head quarter) Mandi. All codal formalities thereafter were complied with and eventually the FIR was registered against the petitioner on

12.8.2020.

Learned counsel for the petitioner submitted that petitioner did not cultivate cannabis plants over the area in question, rather the same had grown

naturally. He further submitted that the petitioner pursuant to the interim protection granted to him, had joined the investigation and is co-operating the

investigating agency. He will continue to cooperate the investigating agency and prayed for confirming the interim protection granted to the petitioner

vide order dated 31.5.2021.

Learned Assistant Advocate General confirmed the fact that the petitioner has joined the investigation and is co-operating with the investigating

agency. He further submitted that the petitioner be directed to continue to join and co-operate the investigation as and when required by the

investigating agency.

As per the status report, cannabis plants were found cultivated alongwith maize crop over the area in question. Whether the petitioner had

consciously cultivated the cannabis plants allegedly found growing over the area in question or not is a matter to be determined in the trial. Petitioner is

statedly cooperating with the investigating agency. The status report does not indicate any criminal history of the petitioner rather it states that no

investigation remains to be carried out; No recovery is to be effected from the petitioner; Only challan remains to be presented. Petitioner is resident

of village Dhingali, Post Office Thachi, Tehsil Bali Chowki, District Mandi, H.P., therefore, his presence in the trial can be ensured. Accordingly, the

interim protection granted to the petitioner vide order dated 31.5.2021 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 tamper 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.