Shyam Singh vs State Of Himachal Prades

Jyotsna Rewal Dua, J

Apprehending their arrest in FIR No.77 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 petitioners have come up under Section 438 of Code of Criminal Procedure seeking anticipatory bail.

Since both these petitions are interlinked and arising out of common FIR, hence, same are taken up together for disposal.

Heard learned counsel for the parties through Video Conference and also gone through the status report filed by the respondent-State pursuant to order dated 20.05.2020.

As per status report, the prosecution case against the petitioners is that on 06.05.2020, while police personnel were on duty in Village Ashla, an information was received at around 02.45 p.m. that opium/poppy cultivation has been carried out by certain villagers in Village Rashog of District Mandi. Upon receipt of this information, inspection of fields at Village Rashog was carried out at around 03.40 p.m. Opium plants were seen standing in two fields comprised in Khasra No.238, land measuring 0- 15-11 bighas. These plants were noticed standing between apple & peas crops. In all, there were 370 opium plants. Possession of ten such plants was taken by the police for the purpose of chemical analysis. Remaining plants were destroyed as per order of Sub Divisional Police Officer. Procedure prescribed under law was followed. As per revenue information ascertained from Patwari concerned, the land in question was in ownership of Aadam etc. and was in cultivating possession of the petitioners. This led to registration of instant FIR in question against the petitioners under Section 18 of the NDPS Act.

Learned Assistant Advocate General has fairly submitted that both the petitioners have joined the investigation pursuant to interim order dated 20.05.2020 and that their custodial interrogation is no more required.

Admittedly, the petitioners have joined the investigation pursuant to the order passed by this Court on 20.05.2020 and are cooperating with the Investigating Agency. No recovery is required to be effected from the petitioners. Custodial interrogation of the petitioners is not required. The ownership/conscious possession over the land is yet to be conclusively determined. The status report also mentions growing of vegetables and apples over the fields in question. It has not been investigated as to whether the opium plants allegedly found over the area in question were natural/wild growth or were cultivated deliberately. No previous criminal history of the bail petitioners has been reflected in the status report. The petitioners, aged 50 years and 44 years, respectively, are stated to be local residents of Village Rashog, P.O. Tebban, Tehsil Karsog, District Mandi, having their landed property in the State of Himachal Pradesh, therefore, their presence can be secured in the trial.

In view of the above, instant petitions are allowed. Interim order dated 20.05.2020, pertaining to FIR No.77 of 2020, dated 06.05.2020, 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 petitioners, is confirmed, subject to the following conditions:-

i). The petitioners are directed to join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law;

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

iii). The petitioners shall not leave India without prior permission of the Court;

iv) . The petitioners 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 petitioners are put to trial, then they shall attend the trial on every hearing, unless exempted in accordance with law;

vi). The petitioners shall inform the Station House Officer of the Police Station concerned about their place of residence during bail and trail. Any change in the same shall also be communicated within two weeks thereafter. Petitioners shall furnish details of their Aadhar Card, Telephone Number, E -mail, PAN Card, Bank Account Number, if any; and

vii). It is made clear that in case the petitioners are 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.

It is clarified that the observations made above are only for the purpose of adjudication of the present bail petitions and learned trial Court shall not be influenced by any of these observations while deciding the case on merits. It shall be open for the prosecution to move for cancellation of the bail in case of violation of any of the terms & conditions of the bail or the petitioners abuses the liberty granted and breaches any of the conditions of bail. The petitions stand disposed of accordingly.

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