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2020 DIGILAW 368 (HP)

Naresh Kumar v. State of Himachal Pradesh

2020-06-26

JYOTSNA REWAL DUA

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JUDGMENT : Jyotsna Rewal Dua, J. 1. Apprehending his arrest in FIR No. 63 of 2020, dated 12.05.2020,'under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short The Act), registered at Police Station, Theog, District Shimla (H.P.), the petitioner has come up under Section 438 of Code of Criminal Procedure seeking anticipatory bail. 2. Interim protection was granted to the petitioner vide order dated 19.06.2020, subject to the conditions stipulated therein. 3. I have heard learned counsel for the parties through video conference and gone through the status report filed by the respondent-State. 4. As per status report, 1070 opium plants were found in Khasra No. 422, measuring 00-04-57 hectares, situated in village Jadeog, Tehsil Theog, District Shimla. The land in question is stated to be in the ownership of one Mast Ram, father of the bail petitioner, and the said land is allegedly stated to be in cultivating possession of the bail petitioner. The opium plants were found alongwith bean crop over the land in question. It has been stated in the status report that pursuant to the interim order, the petitioner has joined the investigation and is cooperating with the Investigating Agency. Demarcation of the area is yet to be carried out for which the process is on. 5. Learned Additional Advocate General states that since no recovery is to be effected from the bail petitioner and in view of the fact that he is cooperating with the Investigating Agency, therefore, custodial interrogation of the bail petitioner is not required. However, he may be directed to continue to cooperate and join the investigation as and when directed to do so by the Investigating Agency. 6. Admittedly, the petitioner has joined the investigation pursuant to the order passed by this Court on 19.06.2020 and is cooperating with the Investigating Agency. No recovery is to be effected from him and his custodial interrogation is also not required. The petitioner is a local resident of Village Jadeog, P.O. Sandu, Tehsil Theog, District Shimla, therefore, his presence can be secured in the trial. 7. In view of the above, instant petition is allowed. No recovery is to be effected from him and his custodial interrogation is also not required. The petitioner is a local resident of Village Jadeog, P.O. Sandu, Tehsil Theog, District Shimla, therefore, his presence can be secured in the trial. 7. In view of the above, instant petition is allowed. Interim order dated 19.06.2020, pertaining FIR No. 63 of 2020, dated 12.05.2020, under Section 18 of the Act, registered at Police Station, Theog, District Shimla (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) In case of launching of trial, 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 and this fact shall also be taken as a negative factor for consideration of his future bail applications, if any. It is open for the Investigating Agency to move appropriate application in that regard; and 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 open for the Investigating Agency to move appropriate application in that regard; and 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. Authenticated copy be supplied to learned counsel for the parties by the Secretary/Private Secretary.