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2025 DIGILAW 307 (HP)

Prem Singh @ Pappu v. State of Himachal Pradesh

2025-03-07

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. Applicant-Prem Singh @ Pappu, apprehending his arrest, in FIR No. 33 of 2024, dated 25.09.2024, registered under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Chopal, District Shimla, H.P., has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 2. By way of the present application, a prayer has been made to direct the police of Police Station, Chopal, to release the applicant on bail, in the event of his arrest in the above said case. 3. According to the applicant, he has falsely been implicated, in this case, as he has nothing to do with the alleged offence. 4. As per the applicant, he is not the sole owner of the land, over which, the alleged illegal cultivation was done. 5. According to the applicant, he is permanent resident of the address, as mentioned, in the application, and having deep roots in the society, as such, there is no possibility of his fleeing away from justice. 6. Apart from this, the applicant, has given certain undertakings, for which, he is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section 482 of the BNSS. 7. The applicant has also tried his luck, by moving a similar application, before the learned Special Judge-II, Shimla, District Shimla, bearing Bail Application No.96 of2025, however, the said application was dismissed on24.2.2025. 8. On all these submissions, a prayer has been made to allow the application. 9. When put to notice, the police has filed the status report, disclosing therein, that on 24.09.2024, investigation officer of the case, along with other police official, was on patrolling duty in order to detect crime relating to narcotic drugs, towards Kufri, Theog, Deha, Chopal side. 9.1. At about 03.30. p.m., when, the police party was present at a place known as ‘Chambi Tueel’, then, the I.O. received a secret information, regarding cultivation of cannabis plants, by Prem Singh @ Pappu (applicant), in his apple orchard and field, where Maize has been cultivated. 9.2. The said information was found to be authentic and reliable. As per the I.O., in case, he would have obtained search warrants, in that situation, there was possibility of destruction of the plants. 9.2. The said information was found to be authentic and reliable. As per the I.O., in case, he would have obtained search warrants, in that situation, there was possibility of destruction of the plants. As such, the I.O. complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the superior officer. 9.3. Thereafter, the I.O. proceeded towards the spot and Patwari concerned was also requested to come to the spot, along with the relevant record. When the I.O., reached at the spot at about 5.30 p.m., Halqa Patwari Rajesh Negi and Gopal Singh, neighbour of the applicant, met him there. 9.4. On inquiry from Gopal Singh, the apple orchard and Maize fields, over which, the cannabis plants were cultivated, denoted by Khasra Nos.377 and 438, were disclosed to be belonging to Prem Singh @ Pappu (applicant). On counting, total 211 plants of cannabis were found. 9.5. Out of the said cannabis plants, 5 plants were kept, as sample, and sent to SFSL Junga, for analysis, from where, positive report has been received. Remaining plants were destroyed, after obtaining necessary permission, in this regard. 9.6. After completion of the codal formalities, the FIR, in question, was registered, against the accused (applicant) and the criminal machinery swung into motion. 9.7. It has also been mentioned in the status report that the applicant has not joined the investigation and in case, the bail application is allowed, the applicant, being a clever person, may indulge himself in the similar offence and may also coerce the witnesses. 9.8. It is the further case of the police that as per the record of the police, except the present one, no other case is found to have been registered against the applicant. 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. Heard. 12. The NDPS Act is a special statute and keeping in view the adverse impact of the narcotic drugs on the society, especially, on the young generation, this Court is of the view that the applicant is not entitled to any relief under Section 482 of the BNSS. In case, any direction is issued to the Police not to arrest the applicant, it will give wrong signal to the society. 13. In case, any direction is issued to the Police not to arrest the applicant, it will give wrong signal to the society. 13. Considering the fact that the investigation is at the initial stage and in case any restriction is imposed upon the investigating officer, by issuing the directions under Section 482 of the BNSS, that would be nothing, but, would amount to interfere in the investigation, which is not permissible under the Law. 14. Moreover, the applicant is absconding from appearing before the I.O./police for the purpose of interrogation, as such, this Court is of the view that he is not entitled to any relief, at this stage. Hence, the application is dismissed. 15. Any of the observations, made herein above, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.